Tuesday, April 19, 2011

No Win No problem free?

The government has drawn up plans to reduce the "compensation culture". An increase in the amount of damages awarded at all levels of 10% will be compensated for the loss of "success fee" that does not make any lawyers fees pocketed before. Justice Secretary, Ken Clarke, will implement the recommendations of the Jackson report by increasing the amount of damages awarded overall 10% to compensate for the loss of a fee.

Although there is no win no fee unless an accident case claim legal costs today in England and Wales have increased in recent years. The Jackson report suggested that unscrupulous lawyers were encouraged to pursue frivolous claims as payment of property taxes on the success of the defendant. Costs, particularly in cases of compensation for medical negligence, can climb quickly. In 2008-2009, the NHS paid £ 312 000 000 in damages, but coughed up anextra 456 million pounds in payments to cover legal fees. That said Clarke, is not what the NHS should spend its money. The truth is that the accounts of medical neglect for only a very small proportion of all claims.
Link
Road traffic accident claims account for almost 75% of all cases without earning any compensation costs and a year ago the government introduced an accelerated procedure, the system of fixed costs to mitigate the damages and costs in these cases. So, if the reason is cost, which has already been addressed. The loss of "success fee" is designed to make legal fees reasonable enough not to deter anyone, but loud enough for the court system is seen as a last resort. It is not known whether successful applicants will only 75% of damages or whether they will be required to pay anything before. If so, many people may be deterred from seeking legal recompense for any personal injury, whatever the merits of their case.

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