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This remains then, the last bastion for "access to Justice" in the UK. The victims of this terrible disease are among a very small minority who can now make a claim for compensation without having large parts of their damages taken from them for success fees and insurance premiums. This is the exception that proves the injustice of the rule. In many commercial cases the need for adverse costs insurance and the requirement to pay a success fee means that innocent victims cannot make a claim because the costs in terms of ATE an success fees amount to more than the damages they would recover. I have a client who has suffered approx. £12k of damage to his property due to the negligence of a factory next door but as costs to trial are estimated at £30k and the case is disputed his ATE premium is £10k and the solicitor wants £3k as a success fee - so even if he wins he will be worse off - where is the justice in that Mr Jackson.