If this is the standard of consultation, heaven help mesothelioma victims in the event of any resulting rule changes…
Julie Winn, our York-based legal specialist on all things asbestos, is appalled at the level of ignorance indicated by the Government’s proposed consultation on mesothelioma claims. With a consultation this flawed, what hope can we possibly hold out for any resulting legislative changes?
Those acting on behalf of mesothelioma victims will see immediately that the proposal fails to consult on the real causes of delay: insurers running spurious defences and holding onto compensation until the bitter end.
Many are shocked at the clear messages in the proposal: that ‘one size will fit all’ , and that ‘a mesothelioma pre-action protocol, a portal and fixed costs are the only answers’.
No proper regard appears to have been taken for the existing pre-action disease protocol and the fast track and ‘show cause’ RCJ procedures which continue to deliver justice for mesothelioma victims.
If this proposal is to get to the heart of access to justice for mesothelioma victims, then where is the consultation on the effectiveness of the voluntary Employers Liability Tracing Office, and on insurers’ failure to keep records?
And why are mesothelioma victims still waiting for the implementation of the Third Parties (Rights Against Insurers) Act 2010?
The consultation proposal is a warning in itself of things to come for mesothelioma victims.