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05 November 2009 / Andrew Morgan
Issue: 7392 / Categories: Features , Personal injury
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Measured success

Andrew Morgan on the rethinking of success fees in asbestos claims

The current costs regime provides no comfort for asbestos disease victims.
Lord Woolf, in Callery v Gray, called for an evidence-based assessment of conditional fee agreements (CFAs).

The Civil Justice Council (CJC) commissioned research to calculate suitable success fees. The rules committee set fixed success fees in different varieties of personal injury claims.

Fixed success fees were agreed by reference to evidence from a variety of sources but the claimants’ team was deeply concerned that, in relation to asbestos diseases alone, in the past insurers had enthusiastically run "generic" arguments going beyond the confines of individual cases.

The insurers were continuing to run "generic" arguments regularly and as a matter of course—the fundamental basis for launching any asbestos disease claim was therefore constantly under threat.

The claimant side was reassured by three things: the two sides reached agreement as to the "headline” figures; a shared commitment to review the success fees periodically; and the quality and breadth of the underlying figures.

But the claimant

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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