Plea over fixed costs for mesothelioma cases
Asbestos campaigners have warned the government it would be a mistake to introduce blanket fixed costs for all mesothelioma cases.
Justice minister Helen Grant confirmed last month that a consultation will start in the spring on reform of mesothelioma cases.
Proposals will include fixed legal fees, a dedicated pre-action protocol for claims and an electronic portal to process and settle cases as quickly as possible,
Tony Whitston, chair of the Asbestos Victims Support Groups’ Forum, said ministers should not make the mistake of thinking claims are always simple or straightforward.
‘A more sophisticated approach to costs must be found that would command the support of the judiciary and claimant community as well as government concerns about litigation costs,’ he said. ‘Most importantly it should ensure access to justice for all mesothelioma sufferers.’
The issue of claims for asbestos-related disease has been on hold since the Ministry of Justice opted to exempt them from the Legal Aid, Sentencing and Punishment of Offenders Act. An impact review on the effect of changes to no-win, no-fee agreements and scrapping the recoverability of after-the-event insurance will be published in the autumn.
Grant said a quick pre-litigation process is the best way to settle claims early and ensure early payment of compensation is made.
‘A claim for compensation can take up to two years to settle which means that sufferers often die before their claims are paid out.’
Comments
When will this nonsense end?
When will the idiots at the MOJ stop thinking everything we do is simple and can be done on a portal for some ridiculously small fixed fee? I realise that Helen Grant was a family lawyer but, given the size of her home in Surrey (not in her constituency of Maidstone), I rather doubt she did legal aid work so she really ought to have some idea about how much legal work really costs even if Chris Grayling has no clue.
When will this nonsense end?
I couldn't have put it better myself.
where to begin?
1. Fixed costs - Does Ms Grant genuinely think all meso claims are so similar they all take the same time to conclude? If so, wow!
2. Protocol - if a client has meso he often has less than 12 months to live. In those circumstances the current disease protocol will be ignored and proceedings will be issued asap in the High Court. There is a designated Master to deal with meso claims under a specific list. How will a different protocol change this for the better?
3. Portal - this is so daft it's actually laughable. Tracing the correct defendant(s) and their insurer is a major part of meso claims. Convincing insurers to deal with the claim is also often a major battle. A portal is unworkable with normal EL/PL claims. With meso claims it's a joke.
Mesothelioma reform
The pre-litigation period generally doesn't contribute to settlement of mesothelioma cases. Good rapid settlements for victims are generally achieved only after proceedings have been issued and timetabled to assessment hearings. The fast track mesothelioma system in the RCJ, now being followed by other Courts, works so well for victims that insurers want to end it. This is their agenda, and they appear to have persuaded the MoJ that a pre-litigation process is the best way to settle claims early. This is not true, and we should resist it.
Any statistics
Any statistics available?
Hard facts and figures are what is needed to defeat the proposal-any you can give would be useful.