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21st August 2008
John Elliott, who has three children and four grandchildren, also suffers from Alzheimer’s and is now living in a care home in Hartlepool.
The Elliott family, also from Hartlepool have now instructed asbestos claims specialists, Thompsons Solicitors in Newcastle, to claim damages after John, 79, was diagnosed with asbestos related cancer, mesothelioma.
John believes he was exposed to asbestos while working as an electrician at Teesside-based chemicals plant ICI between 1949 and 1958.
Thompsons were given the go ahead to pursue the claim against ICI following a hearing at the Royal Courts of Justice to decide if the case could proceed even though 11 years have passed since John was first diagnosed with asbestos related disease. Normally court proceedings must start no later than three years after the diagnosis.
The court said the delay in bringing the case was no fault of John and was critical of some of the legal advice he had been given by Hartlepool law firm Tilly, Bailey & Irvine LLP.
John was first diagnosed with asbestos related pleural thickening in 1996 but when he approached Tilly, Bailey & Irvine solicitors they advised his case was out of time, and they failed to advise him as to whether he could make an application to set aside the limitation period.
In January 2006 Thompsons Solicitors were instructed to review his case.
Although the case was out of time Thompsons commenced a court action against ICI alleging negligent asbestos exposure and against Tilly Bailey & Irvine solicitors alleging professional negligence.
The court ruled that the family should be allowed to proceed with the claim against ICI and commented that in the judgment of the High Court Master, Tilly, Bailey & Irvine had given ‘poor advice’.
The judgment stated: “He (John) took reasonable steps to obtain expert advice and even in the face of adverse advice persisted in making a claim for benefits, a claim that was initially rejected on the basis that he did not have a compensatable injury. When he was told he did have one and that he was to receive compensation he did instruct solicitors and it is not his fault that those solicitors took the view that he was out of time to bring an action and wholly failed to advise him as to whether he could make an application to set aside the [time limit].”
John’s son, Chris, said: “My dad has waited a long time to take this case to court. We are pleased that with the help of Thompsons Solicitors we are now able to bring the claim against ICI.
“He was determined to pursue this and we are pleased that the court has now said he can.”
Tony Hood of Thompsons Solicitors, who represents the Elliott family said: “Now that we have obtained the court’s permission we are pressing ahead with John’s claim and will bring it to a successful conclusion as soon as possible.”
Tilly, Bailey & Irvine are disputing the claim of negligence against them, and they claim to have acted carefully.
This news story was also published by Hartlepool Mail.
If you or someone you know has developed an asbestos related disease, telephone us now for accurate claim advice.
There are strict time limits in place to make any injury claim. For further information, contact us or visit our Questions Answered page.
Thompsons Solicitors are experts in all personal injury matters. We will be able to advise you whether or not you have a valid claim for compensation. Our specialist personal injury lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have. If you do have a valid personal injury compensation claim and you decide to instruct Thompsons Solicitors to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for you. Telephone us now on 08000 224 224 or complete one of our online compensation claim forms.