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The persistence of no win, no fee lawyers in arguing the interests of claimants against the powerful insurance lobby is well known.
One such David vs. Goliath battle was won in 2008 when a team of leading no win, no fee representatives succeeded in proving that insurers should be liable for asbestos-related illnesses from the time of causal exposure rather than from the time around the first onset of symptoms.
Justice Burton, hearing the case at the Court of Appeal, delivered a 300 page judgement, which, despite its considerable length and significance, only served to reinforce the law as it had clearly stood until an anomalous ruling in 2006.
Justice Burton explained, "I recognise that the date of manifestation, the date when symptoms arise, when the tumour is diagnosable, is clear and identifiable, even on the present state of medical knowledge.
"However, if I am looking for when injury takes place/occurs, or when disease is present, I do not consider that it can be left as late as the onset of symptoms.
"It is plain that there is, albeit unknown to the sufferer, an injury and a disease present in his or her body well before it makes itself manifest by his finding difficulty in breathing."
Anthony Hughes, president of the Forum of Insurance Lawyers said that he was pleased the decision had resolved ambiguity in the law.
"The court has upheld the status quo and consequently restored a sense of balance within the insurance market," he commented.
"The attempt by a small group of run-off insurers to avoid asbestos liabilities has been defeated, and we hope this will now unlock the flow of damages to mesothelioma victims."
Cost free personal injury claims with leading no win, no fee lawyers
Whereever you are in the UK, YouClaim will have a solicitor specialising in the field of litigation relevant to your case who is able to work in or near your area.
Our panel of solicitors works right across the field of personal injury law, so whether you wish to make an asbestos claim, a car crash claim or any other form of accident injury claim, we are able to help you.
Our cost free service reflects our client-first approach to litigation. Win or lose, we ensure that you will never be liable for any costs, fees or disbursements (claims involving cases of clinical negligence are the sole exception to this).
Furthermore, our 100% compensation promise delivers all winning claimants their settlements without any cuts.
Our service offers so much more than any simple understanding of "no win, no fee" would infer.
To get in touch with an advisor today, fill out your details in anonline claim form, echat, or call us now, on 0800 10 757 95.
