Reforming mesothelioma claims

Overview

This is a consultation on a package of reforms to the procedures governing mesothelioma claims in England and Wales. 

Mesothelioma is an aggressive and, sadly, terminal occupational disease.  Approximately 2,200 people currently die in England and Wales each year from this terrible condition, with sufferers having a median life expectancy of only 7 to 9 months from diagnosis.  Despite this, around 50% of claims for compensation for mesothelioma take over 12 months to settle, which means that sufferers may die before their claims are paid out.  The proposals in this consultation seek to increase the speed and improve the efficiency of the claims process so that compensation can be paid as soon as possible.

The consultation is aimed at people and organisations with an interest in the mesothelioma claims process in England and Wales. We welcome responses to the questions set out in this consultation paper and any other comments you may have.

Please note:

We may allow a short extension to the closing date but only on a case-by-case basis and where there is sufficient justification for the late response. However any extension must be cleared with us in advance of the consultation closing date.

Results

There were 105 stakeholder responses received to the 'Reforming mesothelioma claims' consultation.  Following careful consideration of these responses, Shailesh Vara MP, Minister for Courts and Legal Aid, issued a Written Ministerial Statement on 4 December 2013 annoucing the Government's decisions following the consultation. 

The Government has decided to apply sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012  (the LASPO reforms) to diffuse mesothelioma cases, as for all other personal injury cases.  We have declined to take forward a dedicated Mesothelioma Pre-Action Protocol supported by a fixed recoverable costs regime and electronic Secure Mesothelioma Claims Gateway as they currently stand on the grounds that there is not a strong enough case that they will meet the Government’s declared aim of ensuring that mesothelioma compensation claims are settled fairly, where necessary, quickly.

This document provides a summary of responses, conclusions and next steps and contains the report under Section 48 of the LASPO Act 2012.