Mesothelioma case exemption demand
Posted Thu, 28 Jun 2012
Mesothelioma sufferers have won support from the Labour party, which is calling on the Government to ensure their access to justice is not impeded by legal reforms. Campaigners and the families of victims say they should be exempt from measures designed to deter opportunistic no-win, no-fee claims.
At present, if a defendant loses a case they incur the legal fees of the winning claimant, including their solicitor's success fee. But the Government's planned changes will see the success fee paid by the winning claimant instead - out of the compensation money - with a limit of up to 25% of the pay-out they are awarded.
Justice Minister Jonathan Djanogly said in April this year people suffering from industrial diseases would at first be exempt from the shake-up to the system of legal funding. But the Government delayed a decision on whether mesothelioma sufferers would be included until a review of the reforms had been conducted. Labour said ministers should give more detail about the terms of this review.
The Government has also said it is examining how it can help mesothelioma sufferers solicitors' identify the insurers of their ex-employer in order to lodge a claim. But campaigners say since there can be no doubt over the severity of mesothelioma sufferers' illness, the Government should not include them in changes intended to guard again spurious claims.
Copyright Press Association 2012