header-logo header-logo

Measured success

05 November 2009 / Andrew Morgan
Issue: 7392 / Categories: Features , Personal injury
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll