header-logo header-logo

14 April 2011
Issue: 7461 + 7462 / Categories: Legal News
printer mail-detail

Speeding up mesothelioma claims

New measures to improve procedures for handling mesothelioma and other disease compensation claims have come into effect.

The revised Disease and Illness Pre Action Protocol came into force with the 55th update of the Civil Procedure Rules on 6 April, and includes a new mesothelioma annex to identify relevant exposure to asbestos during individual periods of employment. A working party of specialist claimant and defendant disease claim lawyers, insurers and unions revised the pre action protocol.

Forum of Insurance Lawyers’ committee member, Michelle Penn, who chaired the working group, said identifying all interested insurers was a “key problem”.

“There is a certain amount of information which needs to be obtained early on to enable a claim to be progressed. This new development now ensures that all solicitors involved must work to accepted timeframes which should mean the wheels turn faster for such claims.”

Foil says it has asked the Ministry of Justice to go further and introduce a mesothelioma pre action protocol.

Issue: 7461 + 7462 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll