Family of Kent carpenter win asbestos cancer settlement against Medway Council

The self-employed carpenter, who we have called David, 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.

David used Asbestolux sheets (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 Asbestolux sheets, releasing asbestos dust and fibres into the air around him. 

David also worked alongside contractors who were mixing and applying Artex coating, which at the time was often manufactured with asbestos, to the council properties’ ceilings. Although David was not present while this work took place, he regularly swept up the Artex dust that remained on the floor after work had been completed, further exposing him to asbestos. 

David was diagnosed with mesothelioma in September 2021 and instructed Leigh Day to investigate a legal claim. At that time, he was still fit and healthy and running his own carpentry business alongside his son and grandchildren.  

As CJ Howards & Sons is no longer trading and insurance cover could not be located, a claim was pursued against Medway Council as the owner and occupier of the site on Henry Street.  

It was argued that Medway Council owed David 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 David and other contractors.   

In September 2022, David died from mesothelioma aged 67 shortly after Medway Council had been notified of the claim, which was then was continued by his family. 

Although Medway Council admitted breach of duty shortly after David died, it did not initially engage in settlement negotiations, so court proceedings were issued and a six-figure settlement was later agreed. 

David and his family were represented by senior associate solicitor at law firm Leigh Day Catriona Ratcliffe, who 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.”