As specialist industrial disease practitioners are no doubt aware, diffuse mesothelioma claims are exempt from the removal of recoverability of success fees and after-the-event insurance premiums from the losing party; i.e claimants will continue to recover success fee and ATE insurance premiums even when the conditional fee agreement is entered into after 01 April 2013 and the insurance is taken out after that date. The success fee remains recoverable, and not subject to the 25% damages cap by virtue of Article 6(2)(a) of The Conditional Fee Agreements Order 2013.
In relation to ATE insurance the continuing recovery of the ATE premium from the losing party is achieved by Article 4 (a) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No 5 and Saving Provision) Order 2013. Statutory Instrument 2013 No77.
Therefore, Qualified One Way Costs Shifting will not apply.
The above arrangements will continue to apply to diffuse mesothelioma claims until a review has been carried out and presented to Parliament. The review was expected to be launched as part of a wider consultation on mesothelioma claims in spring 2013.