The Government has decided to reject a proposed new set of rules called MPAP, Mesothelioma Pre Action Protocol, to control out of court settlements. Proposals to set standardised payments for lawyers making such claims will also not be taken forward.
By Sara Hunt, 10 December 2013
The announcement follows a government consultation earlier this year with the insurance industry and various victims groups which clearly gave greater weight to the views of the latter. Rejection of the proposals has been applauded by the Association of Personal Injury Lawyers (APIL) and is equally welcomed by Sara Hunt, a partner with Shoosmiths Access Legal specialising in asbestos and Mesothelioma claims:
"Recognition that the proposals would not help to settle cases quickly for those suffering from Mesothelioma shows that the government has listened to victims and their families".
The Government will now work with victims groups and insurers representing employers to explore new ways to improve the legal process for handling claims from victims of Mesothelioma. Courts Minister Shailesh Vara announced the Government's decision not go ahead with a new pre-action protocol or fixed fees as recommended by the Association of British Insurers (ABI).
Other measures to support Mesothelioma sufferers, including a £350 million fund to compensate those who cannot trace the liable employer are already being put in place by insurers and the Department for Work and Pensions through the Mesothelioma Bill currently progressing through Parliament.
However, alongside the good news also came confirmation in the same ministerial statement that Mesothelioma victims will no longer be protected from the recoverability elements in the LASPO Act. The rules concerning No Win No Fee arrangements for personal injury claims changed on April 1st 2013.
The winning claimant in a personal injury claim now has to pay their solicitor's success fee out of the damages they are awarded and can no longer recover premiums paid for After the Event insurance from the defendant. So even if successful in court, claimants could lose up to a quarter of any compensation award.
When those changes were introduced, they did not apply to cases of compensation for Mesothelioma and victims continued to benefit from insurance protection against legal costs at no expense to themselves and no deductions from their compensation.
The rules for Mesothelioma claims will now be brought into line with other personal injury cases. Sufferers may have to make deductions from their damages to pay their costs, which they can ill afford.
Helping you with a mesothelioma claim
If you would like to discuss your situation and believe you may have an asbestos-related compensation claim, you can visit our dedicated mesothelioma claims page, download our guide to mesothelioma or our guide to asbestosis and pleural thickening.
Alternatively, contact our helpline on 03700 868 686. Our team will be happy to answer any questions you may have and put you directly in touch with experts who can advise you about your options.
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