Mr B, Plant Installation and Removals Manager
Posted: 10th Apr 17 11:34 AM
Mr B, was diagnosed with mesothelioma in December 2010. He was exposed to asbestos as a plant installation and removals manager. He was brought into contact with asbestos in various factories and industrial settings where he was supervising the removal of machinery and equipment, and as part of this ongoing work the machinery and equipment had to be disconnected from pipes lagged with asbestos. He was exposed to asbestos from supervising the works. The defendant had 3 insurers over the relevant time and liability was fiercely contested. Court proceedings were commenced.
The defendant disputed the claimant’s evidence and Mr B was required to give evidence on commission at his home in 2012. Evidence on commission is a process whereby the Judge, barristers and solicitors take the claimant’s evidence at his house. This was a process that the defendant had required and the court ordered. At the time of the commission evidence, Mr B was very poorly, on morphine and it was a struggle to have to answer the questions from the defendants barrister. It was clear through his evidence that he had difficulty concentrating. Following the evidence on commission the defendant sought to argue that Mr B’s evidence was not reliable.