Justice Secretary Chris Grayling has lost a second judicial review, this time over a decision affecting mesothelioma sufferers.
The High Court held that the Ministry of Justice would be acting unlawfully if it were to include mesothelioma claimants in reforms in the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) without a review and report on the likely impact, in R (on the application of Tony Whitson) v Justice Secretary [2014] EWHC 3044 (Admin).
Under LASPO, personal injury claimants must pay up to 25% of their damages towards their legal costs and insurance premiums. An amendment secured by the House of Lords excluded mesothelioma claims from this change, and required the government to review and report on the likely impact before any move to include them.
Mr Justice William Davis concluded that the government did not conduct a proper review of the likely effects.
Richard Stein, partner at Leigh Day, who brought the judicial review against the decision, said: “This judgment should send a clear message to the government that it has to conform with the laws of the land and cannot ride roughshod over the interests of mesothelioma sufferers and their families to benefit the insurance industry.”
In August 2014, the Justice Select Committee expressed surprise over a secret heads of agreement document between the government and the insurance industry, concerning mesothelioma, which was not disclosed to other parties. In September, the High Court ruled that Chris Grayling had failed to consult properly on duty solicitor reforms by withholding two key reports.
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