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In November 2008, no win, no fee professionals around the UK were heartened by a High Court ruling that appeared to set a precedent of the "policy trigger" which would hold a business's insurers responsible from the time an employee was exposed to asbestos.
However, in February 2009, four insurance companies filed papers to the Court of Appeal to dispute the High Court ruling.
The four companies, who have all ceased trading, argue that liability should be triggered when the asbestos-related disease, such as mesothelioma, becomes apparent, as at diagnosis. This would greatly affect the level of no win, no fee compensation that could be awarded. In some cases it would mean that the insurer would not be liable at all.
The appeal was to be heard at some point between 2nd June and 2nd October 2009 and was expected to last five to 10 days. However, a legal spokesperson for one of the companies felt the case would go further.
He said, "There is every chance it could go to the House of Lords. I have little doubt that we would go to the House of Lords if we lost. It may be a bit difficult to predict if our opponents lost again. It would depend on what the Court of Appeal said."
Usually, with claimants waiting for compensation litigation to be heard, the process would be speeded up, but commitments of the legal teams involved was said to be further slowing down the process.
Asbestos disease and mesothelioma
The terrible, life-threatening effects of asbestos may not manifest themselves for many years; some cases have been diagnosed decades after the initial exposure to the harmful fibres. In such cases, the employers may have gone out of business and the insurers may have ceased trading as well. It can be difficult to initiate a claim for compensation even before it has been established that the employer was at fault.
The High Court ruling meant that even though a worker may have long since retired or finished working at the place where the asbestos was ingested, the employer was still liable for his condition.
The companies disputing the original ruling argue that courts should take a "literal" interpretation of the liability policies, which would see them not liable for compensation once the worker has left the employ of the company they insure.
No win, no fee proceedings for an asbestos-related disease
At YouClaim we have some of the most experienced industrial illness solicitors in the UK, who work on an entirely free basis. You can rest assured that there will be no hidden charges or up-front costs.
If your compensation claim is accepted, all our fees are covered and in a won case you will always receive 100 per cent of the award ruled by the judge or agreed with the insurers. Here, at YouClaim we never take a cut. And if your claim is unsuccessful we have a business model that ensures you will not have to pick up the bill.
Our professionals work to the strict and exacting standards laid down by the Solicitors Regulation Authority and our success rate is high.
Call our free UK helpline on 0800 10 757 95 or have an e-chat. If it's not convenient right now we can call you back, or you could give us a few details about your claim by filling in our online claim form and we will call you to discuss it further. However you chooses to contact YouClaim you can be assured we will give you the best no win, no fee service available.
