At the beginning of November we posted an article about new proposals from the Government which would affect how sufferers of Mesothelioma could pursue compensation claims. Many people were highly critical of the plans, with Karl Tonks, former president of the Association of Personal Injury Lawyers (APIL), calling them ‘unworkable and unfair’. Going on to say “the proposals condemn sick and dying victims to spend their last months wrangling with the very people who have caused their illnesses. Where is the fairness in that?”
It seems the Government were listening, as they have now performed a U-turn on their proposals to introduce a new set of rules to handle out-of-court mesothelioma settlements, after ministers opted to scrap the Mesothelioma Pre Action Protocol (MPAP).
The MPAP was set to be built by the insurance industry with the aim of helping victims, or their lawyers, quickly settle uncontested claims with the insurers of the employers responsible for their exposure to asbestos. However critics argued that taking their cases to the specialist mesothelioma court was the best way to get the claim settled quickly by persuading defendants to admit liability.
Other measures outlined in the Mesothelioma Bill, which is currently progressing through parliament, are already being put in place by insurers and the Department for Work and Pensions. These include a £350m fund to compensate those who cannot trace the liable employer.
APIL welcomed the Government's acknowledgment that its initial proposals would not help to settle cases quickly for mesothelioma victims, with Karl Tonks saying that the association was looking forward to working closely with the Government to improve the claims process for victims of the disease.
Mesothelioma facts
- Deaths from mesothelioma continue to increase in the UK
- The number of mesothelioma deaths has increased from 153 in 1968 to 2,347 in 2010
- Annual deaths are expected peak in 2016
- High risk jobs include carpenters, plumbers, electricians, pipe fitters and metal workers
Source: Health and Safety Executive
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http://info.mayiclaim.co.uk/personal_injury_compensation_claim_news/bid/328181/Mesothelioma-U-Turn-Reduces-Further-Suffering-for-Victims-of-Asbestos
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