DBS Law Ltd
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DBS Law Access to Justice Campaign
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Managing Director Rob Bhol takes on the Government over attacks on No Win No Fee on the radio
Rob took to the airwaves yesterday warning people that their legal rights are under threat. He did 20 interviews throughout the day yesterday. His last interview on Talk Sport finished at midnight. Here is an example of what Rob had to say when he broadcast to good people of Wolverhampton.
Click Here to listen to the radio recording.
The Government’s Legal Aid, Sentencing and Punishment of Offenders Bill threatens the right of ordinary people to get justice.
In the Bill the Government has a set of plans to make major changes to the justice system in England and Wales. There are many things in the Bill that have caused controversy most notably reducing sentences for offenders who plead guilty and reducing the scope of legal aid. It also contains significant changes to No win No Fee arrangements that DBS Law believe will have a catastrophic effect on the rights of ordinary people to obtain justice in this country.
How No Win No Fee helps you
At the moment if you have an accident that isn’t your fault, a solicitor can take on your case at no cost to you. They can do this because of what’s called a Success Fee which is paid by the defendant’s insurer to the victim’s solicitor if the victim wins their case in court. This fee can be as much as the damages won by the victim and it can also increase the costs to the insurer.
The aim of this system is to encourage defendants to settle before going to court, thereby reducing the time that accident victims have to wait for their compensation. It frees up expensive court time too. The Success Fee helps solicitors fund cases that are complex and risky which gives more people access to justice through the legal process.
This system has worked well but still 25% of accident victims never make a claim. Also, it is important to note that the numbers of accident claims has not risen at all over the last ten years. Despite this, the Daily Mail informs us that we live in a compensation culture. It is this mythical compensation culture the Government is targeting.
Victims to lose compensation
The Government also wants to make accident victims pay their lawyers’ fees out of their compensation payments. This could reduce their payment by as much as a quarter. Legal costs for a case worth £1,000 are the same as a case worth £10,000. So many victims with smaller claims, which are the majority, will be put off to make a claim.
Insurance companies will gain
The Government are making these changes to reduce the cost for insurance companies, who say they have to increase premiums because of a rise in accident claims. This is questionable. Admiral, one of the biggest car insurance companies, posted a profit of £266 million this year - up 23% on last year. Clearly we are being taken for a ride!
Government benefits too
Insurance companies are not the only ones who will benefit from the changes to the legal system. The Government is in many cases the defendant in injury cases. The NHS and local authorities have a duty of care to the public and are liable to pay damages to the individuals that have succesfully claimed against them for injuries suffered as a result of using their services. Consequently, less claims means less cost to the Government.
Cuts in services and to the Health and Safety Executive are bound to result in more accidents. Reducing the amount of claims can help the Government cover up the effects of their deficit reduction policies.
Listen to the radio coverage for Access to Justice Campaign here
