Government gives way again over court costs in face of asbestos victims’ legal challenge

The Asbestos Victims Support Group’s Forum brought a judicial review challenge to the Government’s enhanced court costs which means that most mesothelioma sufferers will have to pay an average £7,500, and up to £10,000, to bring a claim for compensation.

Claimants can receive remission from paying court costs if they are on a low income and they do not have more than £16,000 in capital. Since most mesothelioma sufferers are paid approximately £16,000 in statutory compensation they would not be eligible for remission of court fees.

The Government have accepted that this was wrong and are amending the remission fee order so that statutory payments are not treated as capital. This change is effective from 3 July 2015.

The Forum says:

“Yet again, dying mesothelioma sufferers who have very limited financial resources have had to take court action to get justice. In this case they should never have had to launch legal action to stop the Government charging £10,000 in court costs to claim compensation for the criminal negligence of employers, often Government as employer, who continued to expose them to asbestos decades after it was known to cause cancer.”