The Justice Select Committee’s call for a full Governmental review on the changes introduced last year to the legal funding of personal injury claims and the impact these would have on mesothelioma sufferers is the only fair course, said JUAC in response. JUAC is warning that a period of three to five years is needed to take stock of these changes and their effect before any such review should go ahead. The Government is trying to remove the current exemption for mesothelioma sufferers from this new funding regime, which would mean mesothelioma victims who win their claims would no longer be able to recover the success fee or insurance premium from the losing party.
Julie Winn, Chair of JUAC, said:
“We are pleased the Justice Select Committee listened and took our concerns on board.
“We have long campaigned for justice for mesothelioma sufferers. But with a short and painful life expectancy the last thing sufferers and their families need are extra costs.
“The changes the Government tried to impose would have a detrimental impact on mesothelioma sufferers. It’s the negligence of past employers that has condemned these workers. It is only right employers should pay.
“Mesothelioma cases present legal difficulties, but also critically the trauma and devastation caused to them and their families following such a diagnosis, and the rapid effects of this terminal disease is excruciating.”
Giving evidence to the Justice Select Committee, Helen Buczynsky of UNISON highlighted concerns about asbestos in schools where UNISON members work as teaching or special needs assistants. There has been a 300% rise in 20 years in the number of teaching staff suffering from asbestos diseases. The number of pupils claims coming through is also increasing. “These are much more difficult claims, because they are to do with low exposure and it is more difficult to trace the history of that exposure and to gather evidence.”
You can access the evidence submitted by JUAC and the other trade unions to the Justice Select Committee here http://www.publications.parliament.uk/pa/cm201415/cmselect/cmjust/308/30813.htm
You can access the inquiry here http://www.publications.parliament.uk/pa/cm201415/cmselect/cmjust/308/30802.htm