We were contacted by Mrs P whose husband had died from mesothelioma 2 months before the expiry of the limitation period.
She believed she was unable to pursue a claim for compensation as her husband’s former employer – a limited company – had gone into liquidation and had been removed from the Register of Companies.
Immediate enquiries were made to track down the insurer of the dissolved company and an insurer was found that covered part of the period when the deceased had worked for the company.
- Protective proceedings were issued and an application was also made to the Companies Court to restore the dissolved company to the Register of Companies pending resolution of the claim.
We then made enquiries to track down former work-mates of the deceased, and witness statements were taken. Supporting medical evidence was also obtained.
The company was duly restored to the register by permission of the Court although this was opposed by the insurers concerned.
- The claim for mesothelioma was then prepared for trial which included expert evidence on liability, causation, injury and loss.
- Within 15 months of the client instructing us, the case was settled shortly before the trial was due to start and the client accepted a settlement of £140,000.
