Mesothelioma claims: a long-overdue increase in interim payments
Rachel James, a partner in our Respiratory Disease team, welcomes a much-needed update to the court rules that will make a real difference to people living with mesothelioma and their families.
Throughout the time I’ve been representing people with asbestos-related diseases, the standard interim payment in mesothelioma claims has remained at £50,000.
That figure was set in 2002 under the specialist court procedure for mesothelioma claims, which allows judges to enter judgment and order an early payment towards compensation before the claim is finally settled.
Just think how much the cost of living has changed in those 24 years.
So I’m particularly pleased that, from 26 October 2026, the standard payment has increased to £75,000. It’s a much-needed change that could make a real difference to people living with mesothelioma and their families.
Why interim payments matter so much
Mesothelioma is an incurable cancer, usually caused by exposure to asbestos many years earlier. Sadly, it’s often diagnosed at an advanced stage.
One of the hardest parts of my job is knowing that some clients won’t live to see their compensation claim concluded. That’s why securing an interim payment as early as possible can be so important.
Provided the legal requirements are met, an interim payment allows someone to receive part of their compensation before their claim is finally settled. It’s an advance on their eventual compensation, rather than an additional payment.
I’ve seen how important it can be for someone to have that money available while they’re still well enough to benefit from it. It might help pay for additional care, treatment or support at home. Or it might mean being able to enjoy a holiday with loved ones, without worrying about how to pay for it.
Sometimes it’s simply about giving someone one less thing to worry about.
Why the increase is so welcome
The change follows a review by the Civil Procedure Rule Committee, which recognised that the £50,000 figure had become outdated.
The amendment to Practice Direction 49B, which governs the specialist procedure for mesothelioma claims, also makes it easier to review and increase the standard payment in future, without another formal change to the rules.
I certainly hope we won’t have to wait another 24 years.
Making the most of the time people have
When considering the increase, the Civil Procedure Rule Committee acknowledged that an interim payment is sometimes the only compensation someone with mesothelioma receives during their lifetime.
That reflects a difficult reality of the work we do.
No amount of compensation can reverse a mesothelioma diagnosis. But I know from representing people affected by this disease just how much it can mean to have financial worries eased while they’re still able to enjoy time with family and friends.
For me, that’s what makes this increase so important.
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