Actuarial review

Expedited and maximum values

With effect from 1 January 2022, expedited and maximum values will increase as follows:

1. Trust and EL Claims made under the laws of England, Wales, Northern Ireland and Scotland (save for Trust Claims concerning deceased Injured Persons where Asbestos Disease (Levels I, II or III) was causative of death)

Disease Level Expedited Review Value Maximum Value
I Mesothelioma £156,000 £363,000
II Lung Cancer £130,000 £300,000
III Asbestosis
Mild £37,000 £75,000
Moderate £75,000 £150,000
Severe £120,000 £300,000
IV Diffuse Pleural Thickening
Mild £26,000 £60,000
Moderate £52,000 £120,000
Severe £91,000 £225,000
V Pleural Disease Not
Causing Disability		 £5,250 £60,000

2. Trust and EL Claims concerning deceased Injured Persons which are made under the laws of England, Wales and Northern Ireland where Asbestos Disease (Levels I, II or III) was causative of death

Disease Level Expedited Review Value Maximum Value
I Mesothelioma £180,000 £435,000
II Lung Cancer £152,000 £359,000
III Severe Asbestosis £144,000 £359,000

3. Trust and EL Claims concerning deceased Injured Persons which are made under the laws of Scotland where Asbestos Disease (Levels I, II or III) was causative of death

Disease Level Expedited Review Value Maximum Value
I Mesothelioma £208,000 £465,000
II Lung Cancer £166,000 £395,000
III Severe Asbestosis £166,000 £395,000

Review of Payment Percentages

The Actuarial review of Payment Percentages has now been carried out. As a result, with effect from 1 January 2022 the relevant dividends will be:

Initial Dividend Anticipated Second Dividend
T&N 25p/£ 2p/£
EL 66p/£ 2p/£
TBA 10p/£ 0p/£
FMFP 20p/£ 0p/£
Chester Street 28p/£ 2p/£
Hercules 6p/£ 0p/£

Medical and Actual Legal Costs

With effect from 1 January 2022, the maximum amount of medical costs and the minimum and maximum amount of Actual Legal Costs that can be claimed will increase as follows:

Medical costs
With effect from 1 January 2022, the maximum amount of medical costs that can be claimed will be increased as follows:

£900 in cases of Disease Level 1;
£1,200 in cases of Disease Levels II, III and IV;
£80 in cases of Disease Level V.

Actual Legal Costs
With effect from 1 January 2022, clause 5.2.3 of the TDPs will be amended as follows:

5.2.3 Subject to Clause 5.2.1 above, the Trustees shall claim in the CVA of the relevant Company such amount as the Trustees in their discretion see fit to cover the Trust Claimant’s Actual Legal Costs up to a maximum of:

  1. £800 in relation to the first £5,000 of the Established claim; plus
  2. 5% of the amount by which the Established Claim exceeds £5,000 but does not exceed £20,000; plus
  3. 2.5% of the amount by which the Established Claim exceeds £20,000; plus
  4. where the Trust Claimant has reasonably (in the view of the Trustees in their absolute discretion) issued proceedings in respect of that Trust Claim, the issue fee paid by the Trust Claimant in such proceedings;
    subject to an overall maximum of £7,600.

Expert fees
The Expert’s fee has been increased to £4,000 plus VAT