Government struck down by Mesothelioma support group
Following a High Court challenge by Asbestos related Mesothelioma sufferers the High Court has confirmed that the Government did not complete a ‘proper review’ of the likely effect of bringing Mesothelioma claims into line with all other personal injury claims.
Mesothelioma claims were previously exempt from the Government’s changes to personal injury law in respect of funding and the safeguard of damages from costs, due to the severity of the condition and the pace at which symptoms can develop.
The Government are now seeking to bring Mesothelioma claims into line with all other injuries and suggest that people with Mesothelioma should ‘shop around’ for the best deal offered by solicitors before bringing their claim forward.
The Asbestos Victims’ Support Groups Forum UK had contested this and won in their challenge.
The High Court has stated that now it is for the Ministry of Justice and the Lord Chancellor to carry out a proper review of the likely effects of treating terminal Mesothelioma sufferers the same as any other person who suffers a personal injury such as a broken arm or a road traffic collision.
The insurance industry has been supporting the Government in attempting to reduce the cost of Mesothelioma claims however as the consultations did not consult victims who had been exposed to asbestos and instead just involved the insurance industry and the Government, it is of no surprise that the consultation has been deemed to have been an improper review. This is a clear success for Mesothelioma victims who are suffering from the devastating effects of asbestos exposure.
If you have worked with Asbestos and developed Mesothelioma or any other Asbestos related condition then contact Wolferstans Solicitors who have been specialists in the asbestos field for over 35 years for the most up to date advice on how to obtain the appropriate required care and on how to bring your claim forward. Please contact either:
James Walsh – 01752 292260
John Messham – 01752 292209
Dean Cruickshanks – 01752 292334