Month: June 2013

  • How Do Welfare Reforms And Legal Aid Cuts Affect Sheffield?

    The media have reported widely on research from Sheffield Hallam University which indicates that a critical consequence of the welfare reforms is how unequally they will be felt around the country.  For some areas the cuts will reverberate; for others they will hardly be noticed.  Worryingly, the predicted worst affected areas also happen to be the most deprived areas of the country.    These areas will suffer financial losses twice the national average and up to four times as much as the least affected areas, in essence, perpetuating the inequality between the North and South of the UK.  In Sheffield we will experience a loss of £471 per working age adult; the total annual impact is about 2.4% of the region’s disposable income, or about 1 year and 5 months of regional growth.  Put this in context of massive cuts to other services and amenities, from public toilets to Sheffield Libraries to the closure of Don Valley Stadium and you start to get a picture of a city under threat.

    And it’s not just that cuts are being made to welfare, it’s the fact that citizens are also losing the ability to protect themselves from illegality and injustice.  The legal aid reforms have removed welfare and benefits from the scope of legal aid.  This means if you feel you have a legal case against the Government with regards to welfare; that you are not receiving your entitled amount, or that you are being forced to pay a tax which compromises your human rights, you cannot receive legal advice or representation without paying (or being fortunate enough to receive help from a charity).

    What we’re creating is a system which many are predicting will be grossly unfair, but taking away the ability for those profoundly affected to make a case that it is unfair.  We’re putting the most deprived in a potentially devastating situation, and giving them no legal infrastructure through which they can influence their situation.

    This is not to say that the welfare reforms are necessarily unwelcome.  A lot of voices from across the political spectrum have welcomed reform in theory.  The Joseph Rowntree Foundation produced a report which indicated that the introduction of Universal Credit could have countless benefits for the UK; the problem is the way in which reforms are being implemented, the time of implementation and the new mechanism for receiving benefits.

    JRF’s report concluded that Universal Credit worked on principle but should only be implemented in prosperous times as it would be extremely expensive.  Introducing the changes at a time when the labour market is poor could be disastrous, and Chief Executive of JRF Julie Unwin is now predicting a potential “decade of destitution”.    Moreover, the practical implementation of the new system is causing concern.  New claimants will be expected to use the internet to apply for Universal Credit and the entire system will be digitalised.  This means the amount each claimant receives will be worked out by an IT system, but this IT system will have to be able to cope with a huge amount of variables which fluctuate often within themselves in terms of taxation, inflation and the like.  The worry is that putting everything on to one system is putting all the eggs in one basket, or rather millions of people’s social security in one, precarious environment.

    Put in the context of simultaneous legal aid cuts and potentially worrying scenarios manifest.  If the system fails or produces errors and a local authority or state claims it hasn’t, for example, an individual won’t have access to legal aid to advise them on what to do next or represent them if needs be.  The worry is that a lot of people will not only get less benefit from the outset, but could receive the wrong amount due to an IT problem and find it difficult to fight their corner.

    Beyond this, the expectation that claimants will have to apply online and use the internet to job seek assumes that the majority of people own computers, have access to the internet and are computer literate, which is a naïve assumption.  Those without computers are being directed to local libraries and in Sheffield a lot of these libraries are threatened with closure.

    So what’s the picture looking like for Sheffield?  Well, the city is already feeling the impact of the cuts with Food Banks being put under massive strain.  Over the past year, 8 more food banks have had to open and organisers predict they could be ‘overwhelmed’ as we start to feel the full impact of cuts.  As libraries start to close those who are told to apply for benefits online may struggle to find a computer accessible enough for them to begin their application or carry out tasks expected of them to ensure they qualify for continued benefit.  From a legal point of view, fewer Sheffield residents will be guaranteed legal protection and access to justice.  Overall, our city is likely to be impacted by the cuts more than the average.

     

    +Richard Meggitt

  • Des Hudson calls for CMCs to be shut down

    Law Society chief executive Desmond Hudson told the Transport Select Committee this week that Claims Management Companies should be closed down, as the selling of claims by insurance companies may have contributed to exaggeration and fraud.

    “Aggressive marketing by Claims Management Companies is at the core of the problem,” he said. “These companies add nothing to the process.”

    Hudson also told the committee that the Government’s proposals to prevent fraudulent whiplash claims hit the wrong target and risk access to justice for genuine accident victims. He said that plans to raise the limit of the small claims track for PI claims, and proposals put forward by the insurance lobby to reduce the limitation period and lower damages, were not in the interests of consumers and did little to tackle the tiny minority of fraudulent claims.

    “The Government is making policy based on evidence that is almost a decade out of date. The most recent report from European insurance companies actually shows that claims made in the UK fell by 6%, while German insurers experienced an increase of 2% and in France claims remained stable,” said Hudson.

    “Changes already made by the Government on the basis of a deal to make claims more difficult in return for which insurers would reduce car insurance rates seem likely to leave the Government with egg on its face.” 

    ASD Solicitors do not accept referrals from Claims Management Companies (CMC). The message is clear – personal injury claimants should go direct to a specialist Solicitor and not to an unregulated unqualified CMC.

    Richard Meggitt

    +Richard Meggitt

  • Mesothelioma Bill prompts heated debate in House of Lords

    Lord Freud, the minister responsible for steering the Mesothelioma Bill through Parliament, was given a hard time by peers yesterday (Wednesday) when the Bill was debated in Grand Committee.

    There was heated debate about what is perceived to be an arbitrary start date for the scheme of 25 July 2012, and lack of sympathy for the minister’s view that an earlier start date would cost a huge amount for the insurers who are to fund the scheme. Lord Howarth of Newport said “for decades, they coined money. They made a very great deal of money, particularly in insuring against long-latency diseases, because they did not have to pay out for such a long period”.

    Peers also argued robustly for the extension of the scheme to self-employed workers and to people who were in the same household as someone exposed to asbestos. There was also argument about proposals to restrict payments to an average of 70 per cent of normal civil awards as an incentive for people to trace their former employers’ insurers. Baroness Donaghy remarked “if we are talking about incentivisation, I would argue for 130 per cent instead of 70 per cent because that might make some people try a little harder to find the paperwork.”

    This was the Bill’s first day in Grand Committee, where there was no voting on amendments. The second day will be on Monday, 10 June.

    If you have been exposed to asbestos, or secondary asbestos and have contracted mesothelioma then speak to our experienced solicitors today about making a claim. You can make a workplace accident claim if you call on  0114 2678780, email Richard Meggitt at [email protected], or complete our online form today.

    +Richard Meggitt

  • Why aren’t we learning our lesson when it comes to asbestos?

    • More than 107,000 people die per year from Asbestos related illness.
    • It is the #1 work-related cause of death
    • Deaths set to peak in 2016

    Asbestos has come under tight controls in the past forty years and yet it’s still the number one cause of work-related deaths in the UK.  The nature of illnesses relating to asbestos such as mesothelioma and asbestosis are low-lying and tend to flare up years after an individual has been exposed to asbestos. This is why so many workers have been affected by past use of asbestos which wasn’t properly regulated. Indeed, in the UK asbestos related deaths aren’t set to peak until 2016, decades after the substance was used regularly in work place environment.  You’d think that this would be a lesson others could learn from, but in Australia for example, workers are still being regularly exposed to this harmful substance and this is not the only country putting citizens at risk.

     

    Why is asbestos used?

     

    By nature, asbestos is a cheap and effective building material which tempts a lot of countries to continue using it despite health warnings.  India especially is an aggressive importer of asbestos from Canada, whilst China imports the most asbestos of any country.  Similar to how asbestos was first used in Europe, it’s used in the Asia-Pacific region in all kinds of industries and for a variety of applications including construction, brake pads, gaskets and cloth.

     

    Health guidelines are ignored

     

    The problem isn’t a lack of health regulation in China, health laws exist but factories wilfully ignore guidelines meaning that 15,000 asbestos-related deaths are projected to occur by 2035.  In India no such guidelines exist as of yet which means that workers often don’t wear gloves or chemical suits.

     

    Deaths due to asbestos

     

    Currently more than 107,000 people die every year from asbestos-related diseases.  This is a high number, but the real worry over countries still dealing with asbestos is the long-term spectre it will cast over future health.

     

    Not instant

     

    Mesothelioma is a type of cancer with an especially poor prognosis, but one which can stay hidden for decades without any symptoms showing.  This means that asbestos exposure can spiral out of control without any evidence of the harmful effects it will have on a population in the future.

     

    Yet to peak

     

    In the UK, asbestos exposure peaked in 1963, and yet mortality rates won’t peak until 2016.  Other countries which are using asbestos without due caution then may end up paying the price way down the line.

    If you’ve been affected by mesothelioma or asbestos related illness you can now claim asbestos compensation either from a former employer or from the government.

    To find out more about making a compensation claim for asbestos contact ASD’s Solicitors today.

     

    Related Resources

     

    1. Busting the Mesothelioma myths.
    2. Mesothelioma in Younger People: What’s the Risk?

    +Richard Meggitt