Stepping backwards
August 03, 2010
Posted by:Jo Chapman
As the Government announces that it will focus on no-win no-fee agreements as part of an autumn consultation on Jackson’s proposals for civil litigation costs, the Association of Personal injury lawyers warned that this was ‘a step backwards’.
Jackson has recommended shifting costs onto claimants by abolishing the recoverability of conditional fee agreement (CFA) success fees and after-the-event (ATE) insurance premiums from the losing party, while increasing general damages in personal injury, defamation and other tort claims by 10% to compensate. He recommended the use of contingency fee agreements instead.
The Association of Personal Injury Lawyers said the proposed CFA reforms were ‘a step backwards, and could disenfranchise many injured people from the justice system, because they simply won’t be able to afford to bring legitimate cases,’ it said.
I agree. Access to justice is precious and should be cherished, not eroded step by backward step.