Solicitors have this week welcomed news that agreement has been reached on fixed recoverable success fees for employers' liability disease claims.

The new agreement adopted by the Civil Justice Council (CJC), part of the predictable fees initiative in personal injury cases, means there will be a fixed success fee paid by a defendant's insurer to the claimant's solicitor or barrister.


The Master of the Rolls, Lord Phillips, said he hoped all parties could co-operate in the agreement, which follows two similar schemes for road traffic cases and accident-at-work claims.


However, the new agreement is more flexible in that it will generate different recoverable success fees depending on the types of disease claims being brought.


Lord Phillips said: 'Although there have been difficult decisions to be made, I am pleased that we are developing workable solutions to the problems that have occurred in the past due to costs.'


The agreement will see a 100% success fee in claims arising from stress and repetitive strain injury (RSI); 27.5% to 30% in claims arising from asbestos-related diseases; and 62.5% from deafness, vibration white finger and other diseases. For the fast-track, fees will vary from between 50% for asbestos cases and 100% for RSI and stress claims. Cases on the multi-track dealt with 21 days before trial will attract 75% for asbestos and deafness and similar injuries, and 100% for RSI and stress cases.


Allan Gore QC, president of the Association of Personal injury Lawyers, backed the agreement. 'We are pleased that the negotiations on the figures have finally been concluded,' he said, although he added: 'In our view, issues relating to exceptionality from the agreement remain unresolved and it is extremely disappointing that the deal has not been completely concluded.'


The Forum of Insurance Lawyers said: 'Whilst the issue of exceptionality has yet to be finalised, the new arrangements will cover the vast majority of disease claims.'