Family of self-employed carpenter secure asbestos cancer settlement against council
The family of a Kent carpenter who died from mesothelioma, a cancer caused by asbestos, have agreed a six-figure settlement in a claim against Medway Council, after arguing the local authority owed him a duty of care as the occupier of the site he was working on
The self-employed carpenter was sub-contracted via CJ Howards & Sons to work for Medway Council between 1970 to 1973.
During this period, he spent six to eight months working on a site on Henry Street in Chatham where council houses were being built.
According to law firm Leigh Day, the carpenter used asbestos insulation boards to line the inside of boiler cupboards and to create soffits for house exteriors. He was required to cut and drill into the boards, releasing asbestos dust and fibres into the air around him.
The carpenter was diagnosed with mesothelioma in September 2021, and instructed Leigh Day to investigate a legal claim.
As CJ Howards & Sons is no longer trading, a claim was pursued against Medway Council as the owner and occupier of the site.
It was argued that the authority owed the man a “duty of care” as the occupier of the site, and had failed in that duty by “knowingly permitting unsafe working practices to take place” - risking serious harm to him and other contractors, said Leigh Day.
In September 2022, the carpenter died from mesothelioma aged 67.
Shortly after, the council admitted breach of duty, but did not initially engage in settlement negotiations.
Court proceedings were issued, and a six-figure settlement was later agreed.
Senior associate solicitor, Catriona Ratcliffe, who represented the carpenter ('David') and his family, said: “The settlement awarded to David’s family can never compensate for their loss, or for the significant symptoms and complications David endured throughout his illness, but I am pleased that it will provide his wife with some financial security.”
Medway Council has been approached for comment.
Lottie Winson
