Lords back industrial disease claims

The House of Lords has supported moves aimed at stopping industrial disease sufferers losing up to a quarter of their compensation payouts. Civil justice reforms, in the form of the Legal Aid, Sentencing and Punishment of Offenders Bill, suffered three defeats in one day, bringing the total to nine in the Bill’s passage through the Upper House. Peers first voted to give legal aid applicants the right to a face-to-face interview, by 234 to 206. Then a move to exempt asbestos victims from the new “no win no fee” regime was supported by a 189-158 vote from peers, and this was followed by a 168-163 vote to exempt all industrial disease claims from the proposals. The Bill, which is meant to cut civil litigation costs, includes civil legal aid cuts – which were unpopular with peers – as well as an overhaul of civil litigation. The result could be that successful claimants lose as much as 25% of their damages. With the proposed system planned by ministers, defendants would no longer have to pay a claimant’s solicitor’s success fee as the money would emerge from any award made for compensation. Malcolm Underhill, IBB Partner and specialist in personal injury litigation, says:

“The Government has not listened to the majority of concerns expressed in relation to the effects of the Bill. There have been few successes in the campaign to stand up for the rights of the injured. “However, this success in the House of Lords does give real comfort to victims of occupational disease, which can be the most painful and debilitating. They will now be able to bring actions against companies responsible for their illness, without having to worry about the financial cost to them in bringing a claim. Those with occupational illnesses are particularly vulnerable and therefore it is good news that they will not have to lose their compensation, which is so badly needed to provide care in their final days.”

IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death, including industrial disease, asbestos-related illnesses and mesothelioma. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team: call us on 08456 381381 or email pi@ibblaw.co.uk.