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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
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