The UK Government has announced that sufferers of a deadly industrial disease will be central to new plans to improve the way they claim compensation in England and Wales.
The Government intends to work with victims groups and insurers representing employers to explore new ways to improve the legal process for handling claims from victims of mesothelioma - a condition which often develops decades after the sufferer has been exposed to asbestos but usually kills within months of being diagnosed.
Changes to no-win no-fee deals for these kinds of cases will also be implemented – meaning less should be spent on legal costs. This will bring mesothelioma claims in line with other personal injury cases.
The announcement follows a consultation earlier this year which proposed the creation of a new out-of-court system intended to see claims settled quicker.
In light of evidence from respondents, including the views of victims groups, the Government has decided not to go ahead with a proposed new set of rules (called the Mesothelioma Pre Action Protocol (MPAP)) to control out-of-court settlements and will now work with all parties to improve the existing process. Proposals to set standardised payments for lawyers making claims will also not be taken forward at this stage.
The insurance industry is considering whether to go ahead with a consultation proposal to set up an electronic case management system for mesothelioma claims. Other measures to support mesothelioma sufferers, including a £350m 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.
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