Personal injury news

Dying woman looks for another no win, no fee solicitor

A dying woman in Australia who was trying to sue a tobacco company has been refused by no win, no fee solicitors after inheriting the case from a previous firm.

Ms Cauvin's five-year legal battle was originally being handled by the personal injury solicitors, Maurice May after she was diagnosed with emphysema and had a lung transplant operation in 2001

The law firm Slater & Gordon decided to drop Ms Cauvin's personal injury claim after merging with her original solicitors.

In a letter to Ms Cauvin, 42, solicitors wrote, "Slater & Gordon is unwilling to assist you to further prosecute a proceeding which can do you no good and may cause you considerable harm."

Maurice May has initially gone to the High Court with the case on a no win, no fee basis and is believed to have run up legal costs estimated at $450,000.

Slater & Gordon are said to be at the forefront of tobacco litigation in Australia but suffered a financial hit when a successful cases against British American Tobacco Australia was overturned, costing them hundreds of thousands of dollars.

The firm is thought to believe that Ms Cauvin's case was not financially viable and said the decision was in her best interests because she ultimately wouldn't be able to pay the costs of the no win, no fee case if she had lost.

Ms Cauvin, who was given just a ten-year prognosis in 2001, is said to be looking for new no win, no fee firm to represent her and is due to appear in court again in September.