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Justice for family who win compensation for asbestos exposure

15 April 2009

Ashton Morton Slack LLP, solicitors in Sheffield have succeeded in recovering substantial compensation for their client, Kelly Collier of 29 Waltham Road, Twydall, Gillingham, following the death of her Father, John Holyoak, from an illness caused by exposure to asbestos during the course of his employment at HM Dockyard, Chatham.

Mr Holyoak was employed there by the Ministry of Defence between 7^th January 1952 - 3^rd February 1984, initially as a yard boy and from May 1965, as a skilled labourer and thereafter as an insulator.

In the course of his employment with the Ministry, Mr Holyoak's duties included the removal of old asbestos lagging in order to carry out maintenance work on ship boilers, pipework and associated plant and then the installation of new lagging.  It is in the course of this work that Mr Holyoak was exposed to and inhaled harmful levels of asbestos dust and fibres on a daily basis.

Unfortunately for Mr Holyoak and his family, the Ministry of Defence failed to warn Mr Holyoak of the potential risk of harm to his health in being exposed to asbestos dust at work.  Neither did they take any steps to protect his health.  Indeed, Mr Holyoak wasn't aware of the dangers posed by asbestos until after he had left the Ministry's employment.

Until 2000, Mr Holyoak had been fairly healthy and active but he then began to experience breathlessness.  His condition deteriorated to the extent that in December 2002, he was hospitalised.  It was shortly afterwards that he was informed that he had asbestosis caused by substantial exposure to asbestos whilst employed at the dockyard, some 20-50 years earlier.

Sadly, Mr Holyoak's condition deteriorated steadily and he died on the 23^rd March 2005 due to complications caused by his having asbestosis.  Mr Holyoak leaves behind a widow, and their daughter, Kelly and her family.

In the course of the court proceedings, the Ministry of Defence admitted they had been at fault in exposing Mr Holyoak to asbestos dust in the course of his work.  Following medical investigations and an assessment of the losses arising from Mr Holyoak's premature death, the Ministry of Defence made two interim payments to the Claimant.  The parties were finally able to reach a negotiated settlement out of court on the 16^th March 2009, with Mrs Collier recovering a six figure sum on behalf of her Father's estate.

Isobel Lovett, the solicitor who dealt with the case commented:

"I am pleased for Mr Holyoak's family that their battle to get justice for Mr Holyoak is finally over. Through no fault of his own and like many others,  he was negligently exposed to asbestos during his long service at the Chatham Dockyard. Sadly, Mr Holyoak's life was curtailed by his developing asbestosis, a respiratory condition associated with heavy asbestos exposure and which develops many years after exposure occurs - in this case 20-50 years later. Mr Holyoak and his family had to deal with this debilitating condition which ultimately, caused his death some 3 years after diagnosis.  Further victims of the asbestos industry and its awful legacy, their plight has at last been recognised in this settlement by the Ministry of Defence's insurers who settled this case out of court before trial. However, no amount of compensation can properly compensate them for their sad loss".