The National Asbestos Helpline is delighted to see that the plan for fixed fees for mesothelioma claims has been abandoned.
The MOJ has listened to those who represent mesothelioma victims and abandoned the insurers’ plans to introduce fixed fees. This is a victory for common sense and fairness and, finally, the MOJ has shown that it is not run by the insurance industry. It ensures that mesothelioma claims will be properly handled by lawyers and that damages are not eroded by legal costs.
However, the MOJ have stated that from July 2014 success fees and after the event insurance premiums will not be recoverable from defendants in mesothelioma claims, bringing these claims into line with all other personal injury claims. At the moment mesothelioma claims are exempt from this particular rule. Damages for pain and suffering awards will be increased by 10% to offset any deductions which sufferers may now have to pay from their damages in respect of an insurance premium and success fee.