Mesothelioma claims—procedure


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

Mesothelioma claims—procedure


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

Practice notes
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This Practice Note outlines the procedure for bringing a mesothelioma claim, distinguishing between the different rules for ‘living’ or ‘fatal’ mesothelioma claims. The courts will fast track living cases because mesothelioma victims have a short life expectancy. The Practice Note considers Practice Direction 49B including the show cause procedure which aims to speed up the litigation process for this type of claim, the Asbestos List which operates within the Royal Courts of Justice and the Compensation Act 2006 and causation issues including what asbestos exposure constitutes a material increase in risk.

The Pre-Action Protocol for Disease and Illness Claims

The Pre-Action Protocol for Disease and Illness Claims applies to all personal injury claims where the injury is not the result of an accident but instead a disease or illness. For further guidance on the Protocol, see Practice Note: The Pre-Action Protocol for Disease and Illness Claims.

Note, however, that in a terminal disease claim with a short life expectancy, eg a claim on behalf of a living mesothelioma claimant, the court may not require strict adherence to the

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Mesothelioma definition
What does Mesothelioma mean?

A form of cancer caused by asbestos inhalation.

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