Checklist—The Diffuse Mesothelioma Payments Scheme


Published by a ³ÉÈËÓ°Òô PI & Clinical Negligence expert
Checklists

Checklist—The Diffuse Mesothelioma Payments Scheme


Published by a ³ÉÈËÓ°Òô PI & Clinical Negligence expert

Checklists
imgtext

This Checklist outlines the key aspects of the Diffuse Mesothelioma Payments Scheme which was set up in July 2014 to make payments to victims of mesothelioma who are unable to trace either a liable insurer or their employers’ liable insurer.

The key aspects of the Diffuse Mesothelioma Payments Scheme are:

ProvisionThe lawThe detailComment
Eligible applicantsSection 2 of the Mesothelioma Act 2014 (MA 2014)A claimant is eligible for payment if 'a relevant employer has negligently or in breach of statutory duty caused or permitted the person to be exposed to asbestos'
The claimant must not have already brought a claim for damages against an insurer or employer
They must be 'unable to bring an action' because the employer or insurer 'cannot be found or no longer exists or for any other reason'
The claimant must not have received damages or 'a specified payment' or be entitled to received such a payment in respect of their mesothelioma		This eligibility criteria can be problematic for claimants who have experienced multiple exposures to asbestos
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:

Popular documents

Psychiatric injury—secondary victims—case tracker

Psychiatric injury—secondary victims—case trackerThis case tracker reviews the case law which has been decided since the lead case of Alcock v Chief Constable of Yorkshire Police in 1991. Subsequent case law developed the concept of secondary victims and explored the extent that courts would allow

Psychiatric injury—establishing liability

Psychiatric injury—establishing liabilityLiability for psychiatric injury is dependent in part on the nature of the injuries suffered and the manner in which they were sustained.Classifying the victimWhere a claimant suffers both physical and psychiatric injury (even if the physical injury was very

Issuing claims—safety in numbers (Abbott v Ministry of Defence)

PI & Clinical Negligence analysis: This appeal judgment of the Divisional Court deals with the permissibility of issuing more than one claim on a single (group) claim form. It provides guidance on the procedure to be adopted when issuing claims for multiple claimants with related or similar causes

Limitation in noise-induced hearing loss claims

Limitation in noise-induced hearing loss claimsLimitation is almost always an issue in noise-induced hearing loss (NIHL) claims.The typical claimant is someone who was exposed to noise at work much more than three years before they approached a solicitor enquiring about a claim. They are therefore