Kennedys calls for fixed costs on mesothelioma claims

A group costs system should be introduced for victims of mesothelioma seeking compensation, a law firm which represents insurers has said in response to government proposals.

The Ministry of Justice’s consultation on reforming mesothelioma claims aims to speed up the process and reduce costs.

In its own submission, Kennedys said it agrees that compensation should be paid to victims suffering from the “terrible”mesothelioma illness as soon as possible.

However, it does not believe the illness falls into the same “complex” category of personal injury claims and should be brought in line with the Jackson reforms of fixed costs, because the only issue at stake in most cases is the level of damages.

And where the family is making a claim, it should be no different to the normal litigation process and any other fatal accidents claim.

Kennedys partner Philippa Craven said: “We support the aim of the consultation to ensure speedy distribution of payments to those suffering from mesothelioma. However, it is important to ensure that speed is not achieved to the detriment of a sound and fair claims process.

“While it is right to expedite cases where the victim is still alive, an estate claim should be no different from the normal litigation process and any other fatal accidents claim.”

“It is also vital that the objective provides a fair balance between claimants and defendants, and that access to justice considerations is appreciated for all parties.”

The consultation ended on 2 October and the MoJ plans to publish its response before the end of the year.