Civil Justice Reforms Will Deny Access To Justice For Thousands Of Injured People
Commenting on the government-commissioned review of civil litigation funding and costs published last week, TUC General Secretary Brendan Barber said:
“This review has nothing to do with justice, it is simply lining the pockets of insurers at the expense of claimants seeking compensation for injuries caused by the negligence of others.
This is yet another attempt to reduce the rights of those at work to secure justice when employers break the law.”
Leading law firms confirm the negative impact this will have on anyone injured at work, with leading claimant law firm Thompsons saying in their latest press release:
The proposals announced by Justice Secretary Ken Clarke will boost insurance company profits, disenfranchise thousands of those who have a genuine personal injury claim and not save the government any money.
Tom Jones of Thompsons said:
"This is the dawn of access to limited justice for the lucky few. Insurers will save tens of millions of pounds whilst injured people who have a valid claim but one that isn’t absolutely open and shut, will be unable to find a lawyer able to help them. The lucky ones who can find a lawyer will be hit by deductions from their damages.
Those with good cases but less than 75% chance of success will be left with no compensation because lawyers wont be able take on cases tomorrow that they would today. The most vulnerable claimants are being hung out to dry to increase insurance company profits.
Whilst rightly condemning anything that smacks of a US-style compensation culture in the UK the Conservative led coalition is proposing to introduce the American model of deductions from compensation of up to a quarter."
He concluded:
"This is vindictive and unnecessary and will cost the Treasury overall because it will receive less revenue from a variety of sources as a result. The proposals will do nothing to stop claims companies advertising, they will simply cherry pick the most straightforward cases".
Meanwhile, Andrew Tucker, head of Personal Injury for Irwin Mitchell, said;
“This is a bleak day for access to justice in Britain and a double whammy for the consumer. The Government's proposals will force consumers - irrespective of their means - to pay some of their legal fees even if they win and will deter them from bringing perfectly legitimate claims. At the same time, it is slashing the legal aid budget so the public will effectively lose out twice. This is even more extraordinary when the level of claims is falling and the people who will suffer the most are the most seriously injured - those who should be able to rely on the law for help, irrespective of their means."
He concludes:
"The Government has focused disproportionately on concerns about the cost to defendants and has not given appropriate weight to the interests of consumers or to their ability to access the justice that they need. Our own research shows that just under half of people (47%) would not bring a valid claim for compensation if they thought that they would have to pay some of the legal costs. The proposals favour the defendant over the consumer and are a serious backward step.”
Source: TUC / Thompsons / BBC / Irwin Mitchell
see also: Vital Funds Secured For Rehabilitation
