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Measured success

05 November 2009 / Andrew Morgan
Issue: 7392 / Categories: Features , Personal injury
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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