No win no fee claim news
22/05/2009

Civil legal system in the dock for causing chaos

A national newspaper columnist has criticised the UK government for depriving people of access to justice by making it more difficult to appoint 'no win, no fee' lawyers and solicitors - and win court cases.

Richard O'Hagan, a journalist and commentator at the Daily Mail, pointed out that personal injury claims are falling in number as legal professionals become increasingly reluctant to pursue compensation cases when there is even a slight risk of losing.

No win, no fee arrangements were brought in about a decade ago under the Blair government to try to make the legal system open to all. However, the new system has "created utter chaos", according to O'Hagan.

Lawyers and solicitors now fight bitterly in and out of court with insurers over who can claim what under the new rules.

At the same time, the government also decided the courts must be self-funding and introduced a new court fees system.

O'Hagan said, "Now you pay fees at every stage of the proceedings - effectively a tax on justice. It can cost over a thousand pounds in fees to bring even a simple case to trial."

The columnist's disapproval comes after a preliminary report on civil litigation costs asks fundamental questions about who ought to pay legal costs when disputes are taken to court.

The report by Lord Justice Jackson is yet to make recommendations but will consider whether cases that require ‘no win, no fee' lawyer or solicitor arrangements should be allowed to continue.