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European law firm Fieldfisher has published a response to the government's consultation on speeding up the settlement of mesothelioma claims in England and Wales.
Fieldfisher's personal injury and medical negligence team is renowned for its work on behalf of mesothelioma victims and their families, and three of its partners – Andrew Morgan, Peter Williams and Caroline Pinfold – have outlined their views on the Ministry of Justice's report.
The Fieldfisher response states: "We are deeply concerned that mesothelioma sufferers’ gains that have been hard won over the last 10 years will be lost if the Government introduces any reform along the lines of these proposals."
Andrew Morgan added: "Across the market the proposals would lead to a deduction of success fees and insurance premiums from damages in mesothelioma claims, leaving such claimants significantly worse off than at present. In addition solicitors would become increasingly risk averse so that fewer cases would be brought that test and develop the law in this important area. A proportion of cases that are risky but winnable will simply not be brought at all, leaving fewer mesothelioma claimants with full compensation, precisely the reverse of the government’s stated intention."