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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5378
Experience:  Solicitor
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How difficult will it be to obtain a Judge's permission to

Customer Question

How difficult will it be to obtain a Judge's permission to pursue a claim for asbestos exposure (out of time) after a year has passed since a persons death and more than 3 years of being out of time previously. My husband worked around asbestos dust in the early 50's age 19 upwards as a scaffolder and when he was 68 had a kid removed due to cancer, then the other kidney developed small lesion and laser treatment was performed which seem to work, then 5 years laster right lung removed then he developed CLL largest lymph nodes in the abdomen and trachea areas, then appeared in remaining lung, then went to his brain, developed manic depression and had ECT, chemo etc - noone recommended claiming
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I have still not received a reply to my question and you have given my visa details
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Hoe much out of time is it please?

Customer: replied 1 year ago.
I did not accept this offer on 18th October 2016 at 09.09 a.m. Cannot make contact by telephone please advise how I obtain my refund of £47.00 taken from my bank account on 25th October 2016. My email is***@******.***
Customer: replied 1 year ago.
London - UK Telephone number 0208(###) ###-####
Expert:  Jamie-Law replied 1 year ago.

the fee is for the question. There has been no change for the telephone call.

I asked how much out of time it was please?

Customer: replied 1 year ago.
Hi thank you for your prompt reply - my husband first sick in 2005, died July 2015 - 10 years of different cancers - hospital confirmed pleura plaques - I thought it was one year in which to make a claim but have heard recently it is 3 years how difficult is it now to apply to the Judge in UK law courts to open up a case when you are out of time
Customer: replied 1 year ago.
I have been told kit could be expensive or you may be able to take out an insurance to cover the court fees
Expert:  Jamie-Law replied 1 year ago.

How are you out of time if he died in 2015? When did the alleged negligence take place?

Customer: replied 1 year ago.
We know that my husband possibly had an exposure to asbestos in the 50's and early 60's - he remembers the powder in lift shafts and in the main plumbing rooms of large establishments although the hospitals never mentioned the possibility of the cause in the last 5 years of his life and put the lung cancer down to smoking although he was never a heavy smoker - 15 or so each day - the medical hospital records are still awaited so that we may study them to ascertain when it would have been possible to confirm this when the three years limitation would have started. Although the first hospital he was attending in 2005 mentioned possible asbestos exposure when PET and MRI scans were taken and*****back when he suffered bravely for 10 years and experienced post traumatic stress and suffered manic depression and had 5 shock treatments for depression and it never seem the right time to both him with information and dates etc.
Customer: replied 1 year ago.
34;bother" him
Expert:  Jamie-Law replied 1 year ago.

Under the Limitation Act 1980 you have 3 years from the date of knowledge to bring a claim. If you are outside of this period then sadly as you know you are out of time.

You would need to issue proceedings and seek an order from the Court to lift limitation. If there is a good reason, such as you were in a coma in hospital, or the time limit has just expired, then you would be able to get this.

If it has been years after the expiry then its unlikely that you will get permission.

But you need to seek a Court order by completing form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

The Court will list the matter and decide whether to give permission.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
thank you for confirming what unfortunately I was expecting - my hope was that a member of the family could bring a claim after death as we had always had our suspicions that asbestos was the cause of my husband's continual cancer and he suffered so and because of manic depression he was not able to take up a claim and answer stressful questions but I had been married 55 years and was aware of who he worked for and which work he undertook - unfortunately I was only told about the 12 months period after a person had passed away - found out 3 days before the 12 months were up - although there was no post mortem and the only cause of death on the death certificate was metastasis
Customer: replied 1 year ago.
I have since read that you have upto 3 years to make a claim for someone who has passed away not 1 is this correct in UK
Expert:  Jamie-Law replied 1 year ago.

Indeed I understand. No its 3 years from date aware of negligence. So if the act caused negligence then it would be that.

Does that clarify?

Customer: replied 1 year ago.
Hi Jamie-law - what does the expression "act caused the negligence" actually mean - if the consultants never mentioned asbestos exposure being the cause or never requested us to make a claim then why would we have taken one up? Last question I assure you.
Expert:  Jamie-Law replied 1 year ago.

Its from the date of knowledge, so when you found out.

Does that clarify?

Customer: replied 1 year ago.
100% Jamie - understand - thing is we were never told what could have been the cause of my husband's cancer - that's the thing thank you
Customer: replied 1 year ago.
does that mean if we were not told we can take up a claim
Expert:  Jamie-Law replied 1 year ago.

Indeed. In that case you can claim and have 3 years from the date of knowledge.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!