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Employers’ liability disease cases

Litigation Letter

Employers’ liability disease cases

From 3 October fixed success fees apply to disease claims following a mediated agreement under the auspices of the Civil Justice Council. No additions to the CPR have yet been published. The agreed level is 27.5% in claims arising from asbestos-related diseases (30% if the claim falls under s30 of the Access to Justice Act – see CPR rule 45.21(a) for the equivalent provision); 62.5% success fees in claims arising from deafness, vibration white finger and all other diseases except for repetitive strain injury and stress claims (70% for s30 claims) in which the success fee is 100%.

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