The DMPS is paid for via a levy on the insurance industry. This is the third official statistics publication in this series. This release contains statistics reporting on the DMPS, including applications received, success rates and payments for the last 24 months, with data to 31 March 2016.
Andrew Morgan Specialist Asbestos Claims Solicitor commented on the statistics:
"The DMPS makes a payment in nearly three quarters of cases, which is in line with our expectations. But sometimes they get it wrong.
Since the scheme started 160 applicants have had their claims rejected. 55 of these have asked for a "Review", sometimes providing additional evidence or information. These Reviews have been successful on 15 occasions. On the 40 occasions that the Review has remained unsuccessful, half of the applicants have gone on to the independent First Tier Tribunal. The DMPS has not said how many appeals have been successful or remain outstanding. But we do know that applications succeed at the Review stage about 30% of the time and can succeed at Tribunal even if they fail at the Review stage.
For example, DMPS refused to make a payment to Eddie May [link to case] because his employer was still trading when he made his claim. But the employer had no insurance and little by way of assets so that Mr May's claim rendered the employer insolvent. DMPS refused to pay because the employer was still trading. Fieldfisher represented Mr May at the Tribunal and prepared a lengthy written argument. The Tribunal agreed with Mr May that he was entitled to a DMPS payment because his employer was unable to meet his claim in any meaningful sense, exactly the situation contemplated by the Mesothelioma Act 2014 which set up the Scheme.
What is clear is that without legal representation Eddie May would have received no payment from DMPS at all"