Menu
Contact Us
download 6 - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma
image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

When another person or organisation has broken the contract between you to provide the goods or services in return for payment, you may have grounds for compensation or redress.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Our specialist Litigation team are on hand to help you with any queries you may have.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Our expert solicitors are here to support you with advice, outlining your options at the very first stages to ensure all possible objectives are reached.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

The Litigation team at Poole Alcock will advise you on the best route to take, depending on your tenancy agreement.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

At Poole Alcock we understand that you want to resolve any dispute cost-effectively and maintain good relations where possible.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Forming a company can be a positive and exciting step for many business owners. However, it is important to ensure from the outset that the documents governing your company’s operations suit your business needs.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Acquisition of another company is an effective way to grow your business. Ensuring a successful transaction is all about the detail. You need to know exactly what you are buying.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

When the time comes to sell your company, or shares in your business, you will wish to maximise the return on your investment of money, hard work, time and emotion.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

A guarantee is a legal commitment to repay a debt where the original borrower has defaulted on their repayments. In essence, the person providing the guarantee will “step into the shoes” of the debtor.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Whether you are lending to or borrowing from a third party, it is always prudent to record the terms of the loan clearly.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

If you are in dispute about which school your child should attend or think that it will be in the child’s best interests to change schools it will be necessary to apply for a Specific Issue Order through the courts.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

If your child is aged under 16, it is possible to change their name by deed poll providing that all of the parties with Parental Responsibility are in agreement. However, the child’s birth certificate will not normally be changed as this is a historical record from when the child was born.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

When a child is removed from one of the parents without the other parent’s permission or a child is not returned at a pre-arranged time, it is important to act quickly to reinstate the child’s normal or pre-agreed routine.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Whenever possible separating parties should speak to one another and make arrangements for the care of the children which are in the children’s best interests and can be worked around by both parents.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Most of the legal rights given to parents are by way of Parental Responsibility (PR). PR means ‘all the rights, duties, powers, responsibilities and authority that a parent of a child has in relation to the child and his property by law’.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

You can apply to end or dissolve your civil partnership if you have been in the partnership for at least one year. It is very similar to divorce, in that you will need to make an application to the court.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

When parties separate they may be able to reach an amicable agreement about the finances of the household and how these should be divided going forward. However, for most this can be the most difficult area to resolve.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

We can provide you with the peace of mind of conducting your divorce on a fixed fee basis. We will be able to provide you with the figure at the outset, allowing you to budget and plan your finances in advance.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

We are proud to be chosen by Cheshire Police Federation as their nominated divorce lawyers to provide specialist divorce and family advice to its members.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

A pre-nuptial/pre-civil agreement is a legal agreement made between two individuals before their marriage has taken place. It usually sets out how the couple wish their assets to be divided between them.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

A separation agreement is a written agreement used when a couple want to stop living together. The agreement can be used to decide a variety of topics including, who will pay the mortgage.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Under the Equality Act 2010 harassment is defined as unwanted conduct which is related to either; age, disability, gender reassignment, race, religion or belief, sex and sexual orientation and is therefore unlawful.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Unfair dismissal is a complex area of employment law and one where you need a legal expert to safeguard your financial interests as well as your professional future.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

It can be hard to realise that you may have been a victim of workplace discrimination. Discrimination is based upon what are called Protected Characteristics.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Under the Equality Act there are 9 specific areas which are called protected characteristics; any discrimination against workers because of these characteristics would be unlawful.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

It is important that businesses handle the termination of a director’s contract appropriately, especially if you need to achieve a swift exit without disrupting the operation of the business.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Employers should enter into a period of consultation with their employees, giving them information on why the redundancies are necessary and if there are any alternatives available.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Has your employer discussed ending your employment through redundancy or with a settlement agreement/compromise agreement?

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

There will be times when an employee’s conduct or performance falls short of what is expected of them in their contract of employment, or they believe that they have been treated unfairly at work.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

The TUPE Regulations are in place to preserve employees’ rights when a business is transferred to a new employer. The Regulations can apply to organisations of all sizes when a business is sold.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

From the recruitment process, through to issues such as TUPE, training from expert employment solicitors can help you to use the law as a positive framework to implement the best employment practices.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

A written contract of employment is a legal requirement as part of the employment relationship and failure to provide one can leave both parties unclear about their rights and responsibilities.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Settlement agreements, which used to be called compromise agreements, can play an important part in ending an employment relationship, but there are some important legal safeguards.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Severing ties with a director or senior executive comes with countless decisions about how to protect your business.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Whether it is direct or indirect discrimination, a case of harassment, or failure to promote diversity, the Equality Act makes discrimination unacceptable in the workplace.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

It is easy for important steps to be missed during a staff crisis however, each vital step may be a legal requirement. An omission that could have a serious impact upon your business.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Employers should enter into a period of consultation with their employees, giving them information on why the redundancies are necessary and if there are any alternatives available.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Whilst it is better to try to resolve a dispute directly with an employee, there will be times when it simply is not possible. In those cases, you may be called before an employment tribunal.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

As an employer you have to be cautious with how you deal with dismissals in order to not be accused of an unfair dismissal.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Failure to comply with employment legislation can be devastating for a business. Compensation awards for unfair dismissal claims can be in excess of £75,000 and awards for discrimination are unlimited.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Our team has extensive experience of settling claims arising from a wide variety of accidents and injuries suffered in the workplace.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Whilst a trip to the beauty salon may conjure up images of relaxation and pampering, many services use potentially harmful chemicals and machinery.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Poole Alcock have a number of keen cyclists who commute to work and enjoy cycling as a hobby or as a competitive sport. We therefore understand the frustration that can occur.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Every employer should ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

The loss of a loved one is one of the most difficult situations in life we have to face, and the thought of bringing a claim for compensation at this time is a difficult one.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

An employer has a duty to eliminate or reduce exposure to vibration to as low a level as is reasonably practicable. In doing so, the employer should have assessed any risks in the task concerned.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Suffering a head injury is understandably concerning for the victim and their family. It is important to investigate any potential brain injury that may have been caused.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Tinnitus is any noise (for example, buzzing or ringing) in the ear and can be caused by exposure to excessive levels of noise, although there are other causes too.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

It is logical to think that if you are constantly carrying out the same physical task at work, such as lifting heavy boxes without a break, you may well develop a bad back.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Common causes of road traffic accidents include other road users, poorly maintained roads, obstructions in the road and slippery surfaces. You may have suffered an injury.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Accidents can happen at any time and in any place – in the street, at work, at the supermarket. If you think that another person or organisation was responsible for your accident then you may be entitled to compensation.

Read More

image placeholder - Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Suffering a spinal cord injury can be a life-changing event, impacting on almost every aspect of your life. If the accident was not your fault, then financial compensation is often necessary.

Read More

Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

Mesothelioma is an aggressive form of cancer caused by an individual’s exposure to asbestos....

Back to News and Events

Staffordshire man secures over £250,000 compensation as a result of his diagnosis of mesothelioma

8th February 2016

News : Uncategorised

Mesothelioma is an aggressive form of cancer caused by an individual’s exposure to asbestos. Tragically, the prognosis for an individual with mesothelioma is extremely poor, with life expectancy normally being limited to 12 months.

In light of the aggressive nature of mesothelioma, the dedicated asbestos team at Poole Alcock work tirelessly to turn these claims around as quickly as possible with the least amount of impact upon the Client, to ensure that a settlement is reached within an individual’s lifetime. Receiving a diagnosis of mesothelioma is obviously devastating for the individual and their family. Our Solicitors are sensitive to this and will always try to progress a claim in a respectful manner.

Sadly, Defendants do not always act in the same way and if there is any potential weakness to a claim which a Defendant considers to be a way to wriggle out of paying a claim, they will of course try.

In this claim, our Client had worked for a large number of different companies as a welder during his employment career. As with many people similar to him, our Client would change employer regularly to ‘chase the pound’ and maximise his earnings. This made his recollection of exposure to asbestos quite vague and a number of his allegation were based on assumption instead of fact.

Curiously, he had worked for a small company between 1971/72 and whilst we could not locate an insurer for this company, our Client was able to tell us that the work he was contracted to do involved worked for another company at site in Elworth, Sandbach. He remembered having to knock off existing asbestos lagging from pipes in order to locate damage to the pipes which required welding.

The process at that site involved pumping brine out of the salt rich ground. This process involved extremely high temperatures which required steam to be pumped around the site in pipes. It was alleged that these pipes were lagged with asbestos and in light of the size of the plant, our Client and the team were contracted to carry out maintenance tasks across the site.

Sadly, whilst the company against whom the claim was pursued was still an active company during this claim, they did not have any public liability insurance to cover such a claim and therefore they faced having to pay out privately. This was an obvious risk to our Client because whilst he may have been successful in his claim, he may not have actually received a penny if the company did not have the ability to pay him. Thankfully the company was a subsidiary of a large petrochemical chemical company and after carrying our financial checks on the company, we were satisfied that the claim should proceed.

In light of the poor prognosis for our Client, we issued the claim at Court as soon as practicable. Sadly, the Defendant disputed the claim and argued that they had no record of ever having contracted the company and even had they done so, our Client was not under their control or supervision therefore alleging that they were not responsible in law for his health and safety.

In light of this positon, we were forced to gather more evidence from the Client who was able to assist us in recalling the name of the company foreman who gave him and his colleague’s direction at the beginning of every day and checked on his work at regular intervals throughout the day.

Despite the Defendant having no witness evidence, no medical evidence and no engineering evidence, they continued to deny the claim and a Trial was fixed to start on 28th January 2016 at the High Court in London.

For an individual diagnosed with mesothelioma, with an extremely short life expectancy, the prospect of having to attend Court was far from appealing. We made offers of settlement to the Defendant in an attempt to try and negotiate out of Court with the Defendant; however it was only until the final week before the Trial that the Defendant agreed to settle for in excess of £250,000.00.

Thankfully, our Client was able to see the settlement during his lifetime and hopefully feel a sense of reassurance that his wife and family will be provided for financially. He has also felt a sense of achievement and hopefully a weight off his shoulders knowing that he won his claim.

Sadly, whilst we always hope that Defendants will adopt a sensitive approach to dealing with these claims and want to resolve them quickly, we cannot guarantee this. It is testament to our Client and his family for persevering with this claim when many would have given up.

Our experienced team of Solicitors have been helping people claim for asbestos related condition for over 18 years. If you would like any further information, please feel free to contact our team on 01270 762325

Sign up to our eMagazine