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MoJ to lift ban on contingency fees in revamp of no-win, no-fee system

This is a poor decision by the government. As a claimant lawyer, I know that the reason our costs are in some cases on the high side is mainly because defendants' insurers do very little to progress the claim and it leaves us with no option but to litigate. What also doesn't help is if the defendant's solicitor decides to defend the claim on all issues, even when the claim is relatively straightforward. The decision to ban success fees and increase damages by 10% does nothing to help anyone. Even though solicitors can take 25% of the claimant's damages, how is this making access to justice more available for the claimant? The whole point of personal injury law is to put the claimant in the position they would had been in but for their injury. Forcing solicitors to take a chunk of the damages will not do anything to help claimants and if anything will give the general public an even more bitter taste in their mouths regarding lawyers. What the defendant insurers and solicitors seem to forget is that if claimant solicitors cannot afford to bring claims because it is simply not profitable, then they too will eventually be finding themselves in a difficult position.

30-Mar-2011

5:52 pm