Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Mesothelioma definition

What does Mesothelioma mean? Mesothelioma is an aggressive cancer of the mesothelial lining, usually caused by inhaling asbestos fibres. In legal practice it is an asbestos-related industrial disease giving rise to personal injury and fatal dependency claims in negligence and breach of statutory duty against employers, occupiers and manufacturers. The term is medical, not defined in legislation, and is used descriptively across tort, employers’ liability and product liability contexts. Key legal features include long latency (often decades), evidential reliance on occupational exposure history, and special causation rules: UK case law (the Fairchild principle) permits recovery where a defendant materially increased the risk of contracting mesothelioma....

CFAs and ATE premiums after LASPO 2012: recoverability, mesothelioma and clinical negligence exemptions, and client liability for success fees (England and Wales)

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

This Practice Note addresses the recovery of success fees and after-the-event (ATE) insurance premiums from the losing party where a conditional fee agreement (CFA) was entered into and the insurance policy arranged on or after 1 April 2013. For general guidance on CFAs, see Practice Notes:

Conditional fee agreements after 1 April 2013—personal injury and clinical negligence
Clinical negligence claims—funding and costs—Conditional fee agreements (CFAs)

CFAs and ATE insurance policies—entered into before 1 April 2013

Success fees and ATE insurance premiums remain recoverable where the CFA or policy was agreed before 1 April 2013. It is also important to note the Court of Appeal’s decision in Simmons v Castle (2012), which brought in a 10% uplift to general damages, intended to compensate CFA claimants for the post-2013 loss of recoverable success fees. However, because success fees are still recoverable where a CFA was made before 1 April 2013, the 10% enhancement to general damages does not apply in those cases...

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Web page updated on 21/05/2026

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