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Successful DMPS claim after extensive investigations - Edward Harris' story

Posted on 26 June 2024

Andrew Cooper was instructed by Edward Harris, who was employed as a roofer by Asbestos Roofing Contractors in the mid-1960s. He sawed asbestos sheets and he recalled the name of the foreman. 

However, there was no firm diagnosis of mesothelioma. Sadly, Edward’s health deteriorated quickly and he passed away. A post-mortem was performed and at the coroner’s inquest, a diagnosis of mesothelioma was confirmed. Edward’s widow, Mary, and his daughter, Lisa, then instructed Andrew to proceed with investigating the case. However, when Andrew obtained the HMRC employment history, it listed several company names during the mid-1960s, but did not include “Asbestos Roofing Contractors”.

Thereafter, Andrew investigated each of the former employers in the mid-1960s to identify the area of work they did. One of the companies, W M Walker & Co Limited, had been involved in roofing work. Andrew obtained archive records from Companies House for this company and wrote to the former officers of the company to request any details which could assist

A former employee responded, confirming that the company had installed asbestos roofing in the 1960s and recalled the name of the foreman, which matched Edward’s recollection. This confirmed that W M Walker & Co Limited was the company which Edward had recalled as “Asbestos Roofing Contractors”. 

However, as the company was dissolved and no employers liability insurers were identified, Andrew advised Mary to make an application to the Diffuse Mesothelioma Payment Scheme. A signed witness statement from the former employee was served. The DMPS application was successful, providing Mary with a payment of £109,000.

Lisa Harris, Edward’s daughter: “The relationship with Andrew was amazing he was always at the end of the phone for us with any issues problems we had and he always made sure we understood everything going on. With Andrew he made a very hard situation more durable for me mum and the family checking in on us either by phone or email. We as a family spent a lot of time talking with Andrew who was always gentle kind and very sympathetic of our needs and wants. I can’t thank him and the company enough for a successful outcome in such a delicate matter. So thank you to you all at Leigh Day for making this happen it gives mum some reassurance that my beautiful wonderful amazing daddy did not die in vain. Thank you Andrew x”

 

Edward and Mary

 

Andrew Cooper

Senior associate solicitor

Andrew Cooper is a senior associate solicitor in the industrial disease team.

Asbestos and mesothelioma Industrial disease