Mesothelioma proposal 'falls short' - APIL

APIL has challenged the proposed government reforms of mesothelioma claims.

A consultation by the Ministry of Justice (MoJ) which is due to end at midnight will look at speeding up the claims process and employing a fixed costs regime.

But the Association of Personal Injury Lawyers (APIL) says the recommendations do not address the need to settle a claim in the best way for the claimant, either during their lifetime or afterwards.

Nor does it consider the issue of defendants ‘habitually’ failing to make any early admissions or realistic offers to settle.

In its submission to the MoJ, APIL said: “Resolving both is essential to ensuring the claim is dealt with, in as fair and efficient a way as possible.”

2,200 people die each year from the disease in England and Wales, and sufferers have an average life expectancy of seven to nine months after diagnosis.

The proposed reforms seek to introduce a new dedicated pre-action protocol for mesothelioma (MPAP) to ‘encourage’ more claims to be resolved quickly without the need for litigation through courts.

It will replace the current protocol, which APIL says allows for the flexibility to start proceedings quickly, but is often ignored, and leads to court proceedings being started.

“We do not believe that the proposed MPAP will result in reduced legal costs in mesothelioma claims. Additional delay built into the proposed MPAP will add additional layers of work and cost,” APIL added.

Alongside the consultation is the Mesothelioma Bill which is currently being debated in parliament and aims to provide workers suffering from the terminal, asbestos-related cancer with compensation when their former employers’ insurance details have been lost.

Subject to Royal Assent, the scheme is expected to come into force in July 2014.