APIL proposes alternative to CFA restrictions
Proposed cuts to legal aid and restrictions on conditional fee agreements (CFAs) will create a “perfect storm”, denying proper access to justice for some of the most seriously injured people, warns the Association of Personal Injury Lawyers (APIL).
Having issued in-depth responses to the Government’s consultation on legal aid and civil litigation funding, APIL is opposing the primary recommendation on CFAs, identifying two main problems with the proposal:
Firstly, solicitors will be less able to offer a CFA to someone whose claim is complex, meritorious, and difficult to win.
Secondly, those who are most seriously injured, and have no choice but to claim, are likely to lose money from their damages as they may be forced to pay a percentage of their compensation towards their legal costs.
The Association’s president, Muiris Lyons, concludes: “Some of the most seriously injured victims of negligence, such as babies born with brain damage because of medical errors, could be stopped from getting justice because they won’t have access to legal aid and the CFA regime won’t serve them properly either.”
Instead, APIL is proposing a plan which it believes could cut the cost of clinical negligence claims, without restricting access to justice.
Measures includes introducing regulated, staged success fees for clinical negligence claims; adapting the personal injury multi-track code voluntary pilot for higher value clinical negligence claims, and developing a streamlined process for straightforward, lower value clinical negligence claims.
Mr Lyons argues: “These are strong, fundamental ideas for reform which will cut costs without hitting the weakest in our society.”
Category: Business Insurance News, Insurance News, Legal News
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