Employers Liability Disease Claims

There have been amendments to Part 45 of the CPR providing for fixed recoverable success fees in employer’s liability disease claims.

The new rules apply to claims where the Letter of Claim is sent on or after 1st October 2005.

There are to be three types of claim; a type A claim means a claim relating to a disease or physical injury alleged to have been caused by exposure to asbestos, a type B claim means a claim relating to psychiatric injury alleged to have been caused by work related psychological stress, or a work related upper limb disorder which is alleged to have been caused by physical stress or strain, excluding hand/arm vibration injuries, and a type C claim means a claim relating to a disease not falling within either type A or type B.

Different success fees apply in relation to each type of claim.  In all cases, 100% success fee is allowed if the matter concludes at trial, but the success fees vary if the matter concludes before the trial has commenced, or before the claim is issued.

  • In relation to type A claims, the success fee is 30% if a membership organisation has undertaken to meet the Claimant’s liabilities for legal costs, in accordance with Section 30 of the Access to Justice Act 1999, or 27.5% in all other cases.
  • In type B claims, the success fee is 100% (yes that’s right 100%) and in relation to type C claims, the success fee is 70% with a Section 30 undertaking from a membership organisation and 62.5% in all other cases.

The rule also contains a table giving details of Counsel’s success fees and the amounts to be allowed if an application for a different success fee is made under Rule 45.18.