Overhaul for no win, no fee system

The Government has announced an overhaul of no win, no fee legal arrangements. The US-style reforms mean that some fees will be taken from the damages awarded to the plaintiff, instead of being charged entirely to the defendant. Justice Secretary Kenneth Clarke said the move was designed to reduce the number of cases and make the system fairer for those who cannot afford to defend themselves from no win, no fee lawsuits.

The minister said the cost of conditional fee personal injury claims had become a burden on businesses and public bodies like the NHS. He added that the problems in the current system stemmed from reforms by the previous Labour government which were intended to make no win, no fee more attractive to lawyers. “The cost of the claims has absolutely soared and it’s become a terrible burden for a lot of people who are sued,” Mr Clarke told BBC Radio 4’s Today programme. “Businesses find it very expensive and particularly the NHS, which pays out a fortune in lawyers’ fees every year because of the way it’s been changed. “We are not getting rid of no win no fee, we are going back to the way in which it started in the 1990s.”

But Muiris Lyons, president of the Association of Personal Injury Lawyers, warned that fewer people would have access to justice if the system was changed. “At the moment the scheme provides for access to justice for anyone who’s been involved in an accident and we say that’s a good thing,” he said.

IBB Solicitors has built a reputation for quality of service in pursuing compensation in cases involving accident, illness or death. If you would like advice on personal injury issues, you can contact a member of IBB’s Personal Injury team, call us on 01895 207972 or email PI@ibblaw.co.uk.