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Mesothelioma campaigners win High Court battle (8 October 2014)

Date: 08/10/2014
Duncan Lewis, Legal News Solicitors, Mesothelioma campaigners win High Court battle

Campaigners for victims of asbestosis and mesothelioma have won a High Court challenge against the Secretary of State for Justice, regarding cost provisions imposed on mesothelioma claims under the government’s Legal Aid, Sentencing and Punishment of Offenders Act.

The Act originally exempted mesothelioma claims from rules which stipulated that claimants in personal injury cases could be charged as much as 25% of any compensation they won to pay for after-the-event insurance – or any “success fees” their legal team might charge.

The government should have carried out a review to gauge the effect such rules might have on mesothelioma claimants, however – and campaigners argued that the review did not take place. The exemption for mesothelioma claimants was removed from the Act in December 2013 by the Justice Secretary Chris Grayling.

Under the Legal Aid, Sentencing and Punishment of Offenders Act, limitations were placed on certain types of cases which would be eligible for public funding (known as Legal Aid). Some family cases and housing cases lost eligibility for public funding under the Act.

Legal costs in personal injury cases such as mesothelioma claims were also changed under the Act – including the way in which some firms of personal injury lawyers accrued costs known as success fees if a claimant won their case and was awarded compensation.

In the High Court, Mr Justice Williams ruled, however, that the Justice Secretary had not conducted a proper review on how the reforms would affect those with cancer who wanted to claim for industrial illness.

In response to the ruling, the Ministry of Justice said:

“We are committed to finding the best way to get claims settled fairly and quickly – we will now consider our next steps.”

Duncan Lewis Personal Injury Solicitors – Industrial Disease Claims, Asbestosis Claims & Mesothelioma Claims

Duncan Lewis personal injury solicitors offer a no win no fee claims service to victims of Industrial Disease, Asbestosis and Mesothelioma.

Victims of industrial disease usually have three years from the date of diagnosis in which to make a personal injury claim – Duncan Lewis can help guide claimants through the no win no fee claims process and our personal injury team always fights for maximum compensation for victims of industrial disease, including asbestosis and mesothelioma.

Duncan Lewis is also able to advise the families of loved ones who are too ill to claim themselves on how to make a compensation claim – and also advises on how to make Fatal Injury Claims if a loved one’s illness was discovered after they died.

For sympathetic and expert advice on no win no fee Industrial Illness Claims, Asbestosis Claims and Mesothelioma Claims, contact Duncan Lewis personal injury solicitors on 020 7923 4020.

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