Asbestos Victims Condemn “The Injustice Bill”
On the 21 June the Government unveiled the Legal aid, Sentencing and Punishment of Offenders Bill.
Part 2 of the Bill contains provisions to make personal injury claimants bear legal costs which were paid by the defendant who is guilty of causing injury.
The provisions are drawn from Sir Rupert Jackson’s ‘Proposals for Reform of Civil Litigation Funding in England and Wales which “provide the opportunity to rebalance the risks of litigation between claimants and defendants”
Tony Whitston, Forum Chair, said:
“Mesothelioma sufferers endure pain and suffering and an untimely death because of the risks of exposure to asbestos they had to take. Now they are told that they must carry the risks of suing for compensation – isn’t the risk of losing their lives enough?
Where is the justice in making dying asbestos victims bear the burden of legal costs on top of the pain and suffering, while rich and powerful insurance companies enjoy relief from costs which the losing party have, and should, rightly bear. The fact is that many frail and terminally ill sufferers will no longer sue for compensation, fearing more uncertainty and stress of litigation.
A victory for Government cost cutting but a defeat for justice and a shameful attack on compensation for those who have lost their health and their lives.”
The Trade Unions were not slow in also condemning the government's attack on injured workers:
Unite, the largest union in the country with members in advice centres across the UK, said that the plans unveiled by justice secretary Ken Clarke represented ‘the raw cruelty and cynicism’ underpinning the coalition’s claims that ‘we are all in this together’.
Unite national officer for the not for profit sector, Sally Kosky, said:
”We estimate that 650,000 of the poorest people in the country will be very hard hit by the swingeing cutbacks to the legal aid and advice budget of about £350 million a year – we call on the government to urgently rethink its proposals.
The damage caused by this bill will be compounded by the economic hardship generated by the government’s misguided financial policies."
She then referred to UK's charities, saying:
”Charities will lose up to 75 per cent of all legal aid funding. Yet the savings to the justice ministry budget will be miniscule - legal aid costs just 0.3 per cent of GDP."
Accusing the government of ignoring other opinion, she said:
”Since November ministers have systematically ignored 5,000 responses to the consultation on cutting legal aid’s scope and availability – over 90 per cent of which were united in condemning the government for denying access to those seeking help and representation on debt, education, employment, immigration, housing, social welfare and family cases."
She concluded:
”Because of the current austerity measures which will cause joblessness, repossession of homes and relationship breakdowns, everyone has an interest in a strong legal advice system. It could, unfortunately, be any of us that suddenly find ourselves in a moment of need. The government is taking with one hand and using the other to silence the voices of the disenfranchised, the weak and the desperate.”
Source: Asbestos Victims Support Groups Forum UK / Unite
