Success for mesothelioma victims in Supreme Court decision on recoverability of CFAs
Rob Weir QC represented the Asbestos Victims Support Group Forum UK when it intervened before the Supreme Court in Coventry v Lawrence [2015] UKSC 50.
The Supreme Court had to decide whether the recovery of a success fee and ATE premium under the pre-LASPO costs regime constituted a breach of the defendant’s human rights under article 6. It held, by a majority of 5 to 2, that there would be no such breach of Convention rights. That means that mesothelioma victims, who operate under the pre-LASPO regime, can continue to instruct lawyers under old-style CFAs secure in the knowledge that the uplift and ATE premium will continue to be recoverable from unsuccessful defendants. It also means that solicitors and counsel can sleep somewhat easier as the unwelcome prospect of an attack on outstanding (or even long paid) fees under the old regime has now been banished.
The decision was widely published in key legal publications such as The Law Gazette and The Lawyer.
Rob Weir QC was instructed with Harry Steinberg and Achas Burin of 12KBW by Harminder Bains of Leigh Day solicitors.
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