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Access to Justice

The Claims Conference brought Collect a Case success on many levels but more importantly the conference gave me, as a delegate and exhibitor, an opportunity to hear the pressing news of the reform that has suddenly crept up on all of us.

‘No Win No Fee’ is the basis upon which the injured can pursue and bring a personal injury claim (CFA) to the Civil Courts without fear of paying expensive legal fees and compensation to successful applicants.

Current proposals from our present Government are seeking to drastically change the funding structure for civil claims and effectively remove our ‘Access to Justice’ for thousands of individuals.

At present if you take a successful claim through to your solicitor, the majority of these practices won’t take any of your compensation. If changes do happen you may be expected to pay up to 25% of your compensation.

The reforms would require you to pay a costly premium of the claim from your own funds rather than charging the client directly. Solicitors currently recover a ‘success fee’ from the defendant if successful and simply waive fees if they are unsuccessful.

Quite simply, solicitors will not be able to recover their success fee from the defendant if the reform is enforced. Instead the client, (you) will have to pay the solicitor from the winning compensation.

This means that you’re likely to end up with less compensation and in return reduce the amount received by your solicitor for the successful claim.

Justice should be available to everyone regardless of their financial status or compensation entitlement. If you feel as passionately as we do about this, then please join the campaign against the proposed changes.

The obvious objection from the potential reform is that it removes ‘Access to Justice’ for thousands of individuals who are entitled to compensation.

The only real winners from the reform will be the insurance companies, because they won’t have to pay as much to settle claims but more importantly, from their perspective they would be foolish to reduce their premiums involved in individual cases.

So what can we do?

Justice should be available to everyone regardless of their financial status or compensation entitlement. If you feel as passionately as we do about this, then please join the campaign against the proposed changes.

The AJAG (Access to Justice Action Group) has developed a national campaign using email and online petitions to promote the consequences of the Parliamentary reform. AJAG have gathered support from within the legal profession and MPs who want to protect our interests.

I’m hoping the buzz and the current level of support from solicitors and certain individuals for the campaign will cause a serious re-consideration of the proposed reform, continuing your right for fair ‘Access to Justice’ privileges.

You can read more by following the link: http://www.accesstojusticeactiongroup.co.uk

Access to Justice was last modified: June 16th, 2015 by simon.proudfoot

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