Mesothelioma – bitter sweet Government response

The Government has backed down in its proposal to introduce an insurance industry devised protocol and fixed costs regime for mesothelioma cases. In so doing it has listened to the impassioned please of victims’ families and their representatives that the scheme would not assist in achieving the aims of speeding up the process and reducing costs.

However, alongside the good news was the bad news that such claims will no longer be exempt from the general rule that solicitors’ success fees (for taking the risk of recovering no costs under no win no fee agreements) and legal expenses insurance premiums will not be recoverable from the opponent, and therefore have to be met out of damages recovered.