The MoJ announced last week that the government would amend the Courts and Tribunals Fee Remissions Order 2013 to protect mesothelioma sufferers.
As a result, the Asbestos Victims Support Groups Forum UK has withdrawn its Judicial Review challenge which had been based on the argument that enhanced court fees breached victims’ rights to a fair trial under Article 6 of the Convention.
According to an MoJ spokesman it was not their intention that people suffering from mesothelioma should be required to use their compensation to pay court fees.
The fee remission scheme is in the process of being amended so that these compensation payments are disregarded.
The fees orders are to be changed as soon as possible but in the meantime these payments will be excluded from the capital test.