Thursday, February 24, 2011

Sponsored post: Law society calls for full compensation for injury victims

People who have been injured through no fault of their own should receive the full accident claim compensation they deserve, according to the Law Society.  The comments were part of the society’s official response to the government’s ongoing consultation into the costs of civil litigation.

In its response, the Law Society said that the conditional fee agreements, also known as CFA’s which were introduced in 1995 had provided many people in England and Wales with “important access to justice”.  It did however acknowledge that in some cases, the costs involved in making a civil claim can be too high.  The Society said that the key factor responsible for pushing up the costs of litigation was the court process itself.

The government consultation comes on the back of the recommendations made by Lord Justice Jackson which included measures such as removing the ability of lawyers to recover the costs of any after-the-event insurance policies they arranged for their client during the claim.  Jackson LJ also recommended removing the 100% success fee that lawyers receive when they win a claim, instead suggesting the move to a system where legal fees would be paid directly from a claimant’s damages.  These changes would likely see the end of the No-Win No-Fee claim lawyer in favour of a system that could see law firms compete for clients on a cost-to-claim basis.

In the words of Law Society President Linda Lee, whose comments were reported on the Law Gazette Website:  “Claimants must be free to bring cases to court, but they should be able to recover all of their damages if they win.”   

Author: Neil Worrall

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