Government changes position on mesothelioma compensation claims

Earlier this week, the government finally gave way to pressure with regard to its planned reforms to no win no fee claims for mesothelioma victims. As a result, the planned changes to the recoverability of success fees in no win no fee cases, will be delayed, pending a review into the impact these changes will have on the access justice of those suffering from mesothelioma.

This change of heart appears to be the result of arguments that those suffering from mesothelioma (an industrial disease arising out of exposure to asbestos at work) would not be in a position to bring what referred to as ‘frivolous or fraudulent’ compensation claims, that it was not reasonable for those victims with just months to live to spend time shopping around for the solicitor with the lowest success fee, and therefore it was not reasonable for them to be put in the position of potentially losing up to a quarter of any damages one in order to fund their personal injury solicitors‘ success fee under a no win no fee claim.

The Legal Aid, Sentencing and Punishment of Offenders Bill, as amended, is now expected to receive Royal assent in the next few weeks and to become law next April.