Sector · Industrial disease

Industrial disease costs.

Costs support for industrial disease claims, including asbestos-related disease, noise-induced hearing loss and other occupational illness claims involving historic exposure and multiple defendants.

Qualified Costs Lawyers, regulated by the Costs Lawyers Standards Board (CLSB), supported by experienced Costs Draftsmen.

Historic factory employment ledgers and a worn hard hat on a table inside an old industrial building — Disease claims often depend on records of work done decades ago.

Overview

Industrial disease costs, explained.

Written by Robert Collington

Industrial disease claims bring together historic employment, medical causation and insurance tracing, often against several former employers or their insurers. The costs position reflects that complexity: investigative work, apportionment between defendants and, for some disease types, specific procedural regimes. We help claimant firms and defendants present and resolve costs fairly and efficiently.

Complex matters

Asbestos, mesothelioma and multi-defendant claims

Mesothelioma and other asbestos-related claims can be urgent, emotionally difficult and procedurally distinctive, with specialist court lists and expedited timetables. Exposure may span several employers, with insurers identified through tracing and liability shared between them. We deal with the costs consequences of that structure, including apportionment between paying parties, the costs of tracing and investigation, and the presentation of work done quickly while a claimant was seriously ill.

Investigating historic exposure

Disease claims frequently require employment histories, HMRC records, witness evidence from former colleagues and insurance tracing. That work is essential but can look heavy on paper, especially where some potential defendants are eliminated along the way.

A well-drafted Bill explains why each enquiry was reasonable at the time. Paying parties, in turn, are entitled to question work that did not advance the claim against them. We help both sides find a fair line.

Fixed costs and disease claims

The extended fixed recoverable costs regime introduced in October 2023 brought noise-induced hearing loss claims on the fast track within a specific complexity band, while mesothelioma and other asbestos-related lung disease claims are excluded from the intermediate track.

Correct classification matters. We review whether fixed costs apply, which band and stage are relevant and whether exceptional circumstances justify a departure, checking the current CPR for each claim.

Apportionment between defendants

Where several defendants or insurers share liability, the settlement may divide damages and costs between them. That raises practical questions about how a single Bill is presented and how each paying party’s share is calculated.

We prepare Bills and schedules that make apportionment straightforward, and, for paying parties, we check that costs attributable to other defendants or abandoned allegations are not claimed in full.

Negotiation and assessment

Disease costs often settle by negotiation once Points of Dispute and Replies are exchanged. Well-timed offers reduce the cost of the assessment and encourage realistic positions on both sides.

Where agreement is not possible, we prepare for provisional or detailed assessment and can attend hearings, presenting the history of the claim clearly and concisely.

Medical evidence and causation

Disease claims depend on medical evidence linking the condition to occupational exposure. Respiratory, ENT and occupational health experts may be needed, and reports sometimes need updating as a condition progresses.

We explain in the Bill why each report and conference was needed at the time it was obtained, and for paying parties we test expert fees, repeated reviews and work on causation issues that the claimant did not ultimately pursue.

How we help in industrial disease matters

Costs Budgets Bills of Costs Detailed Assessment Points of Dispute Replies to Points Assessment Advocacy

Frequently asked questions

Industrial disease costs questions

Are noise-induced hearing loss claims subject to fixed costs?

NIHL claims on the fast track fall within the extended fixed costs regime from October 2023. The applicable band and figures should be checked against the current CPR.

Are mesothelioma claims subject to fixed costs?

Mesothelioma and other asbestos-related lung disease claims are excluded from the intermediate track fixed costs regime. Costs are usually assessed on the standard basis.

How are costs shared between several defendants?

It depends on the settlement or order. Costs may be apportioned by agreement, by period of exposure or by court order, and the Bill should be presented to support that.

Do you act for insurers in disease claims?

Yes. We act for paying parties as well as claimant firms, including reviewing Bills and preparing Points of Dispute.

This page provides general information, not advice on a specific case. Rules and figures change, so check the current position for your matter. Contact our team to discuss it.

Rules and further reading

Civil Procedure Rules: Part 44 Civil Procedure Rules: Part 45 Civil Procedure Rules: Part 47

Other sectors: Personal injury, Clinical negligence, Housing disrepair, Commercial litigation, Court of Protection, Professional negligence, Employment tribunal.

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