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HC 308 - Mesothelioma Claims
Categories :"Mesothelioma"
Author By :"Great Britain. Parliament. House of Commons. Justice Committee"
Published Date : 2014-08-01
Published by : The Stationery Office
Books Language : en
Description
This report assesses the decision to apply sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) to mesothelioma compensation claims. These sections prevent winning claimants recovering from defendants success fees charged by their lawyers or premiums for insurance against having to meet defendants' costs (after the event, or ATE, insurance). They applied to all other personal injury claims since April 2013, but section 48 of LASPO required Ministers to undertake a review before they could be brought into effect for claims relating to mesothelioma. The section 48 review was not prepared in a thorough and even-handed manner and a fresh consultation should be undertaken. The Government was not reconciled to the concession it was forced to make to exempt mesothelioma cases from its provisions, and determined to review the exemption as soon as it could. In its haste the Government failed to ensure that relevant information, such as a cost-benefit analysis of the changes, was available to interested parties. It also shoehorned part of its section 48 review into a wider consultation on changes to the mesothelioma claims process. The Committee also urges expedition of the primary legislation needed to bring into effect the Third Party (Rights Against Insurers) Act 2010, which will enable a claim to be issued against an insurer without a judgment first having had to be obtained against an insolvent insured party. The Ministry of Justice should also work in tandem with the Department of Health to reduce delays in the production of medical records of mesothelioma victims.
In parallel the Government introduced legislation to set up a Diffuse \u003cbr\u003e\n\u003cb\u003eMesothelioma\u003c/b\u003e Payment Scheme, funded by employers' liability insurers, to \u003cbr\u003e\nprovide compensation to \u003cb\u003emesothelioma\u003c/b\u003e sufferers unable to trace a liable \u003cbr\u003e\nemployer or insurer.
This Book was ranked 20 by Google Books for keyword MESOTHELIOMA.
Reference
1. MESOTHELIOMA LAW FIRM
2. LAAW
3. MESOTHELIOMA
4. FIRM
5. LAW FIRM
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