High Court ruling positive for mesothelioma sufferers

In 2013 the legal market in the UK changed dramatically after the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) was brought in. The act brought about changes to how personal injury and industrial illness claims could be funded, removing the ability for claimants to recover the full cost of bringing a claim from a defendant. Solicitors were also stopped from claiming a success fee from the defendant, with this cost being passed on to the claimants.

The new rules have been in place since April 2013, but one exception to the rule was made for those bringing mesothelioma compensation claims. The act maintained that mesothelioma claimants could still recover all of their costs from the defendant.

In 2014 the UK Government looked to remove the exemption, citing that a review had shown it was no longer needed. The mesothelioma victims support group fought the challenge and were successful, with the Judge stating that the review had not been properly conducted.

For the time being the compensation awards of thousands of people who have been impacted by mesothelioma following asbestos exposure have been safeguarded. It is clear though that the government believe the exception should be removed.