‘Respiratory industrial disease is a terrible problem, and the government wants to see sufferers able to claim compensation at the earliest possible opportunity.
The MOJ is therefore working closely with the DWP to help mesothelioma sufferers who are unable to trace their employers’ insurer. The government hopes to be in a position to make an announcement on this before the summer recess’.
All good so far from my local MP in response to my nice lobbying over LASPO.
‘The no-win no-fee reforms….are simply about reducing the exorbitant fees lawyers are able to charge in these sort of cases. They will not reduce access to justice’.
Correct – but what about all the other types of claims?
‘General damages will be increased by 10% and there will be a cap of 25% on the amount of general damages that may be taken as a success fee.
No special damages can be taken as a success fee.
In PI claims a system of Qualified One Way Costs Shifting will be introduced
Legal costs will still be paid by (sic) the winning side
As the scheme stands the government would expect lawyers to consider carefully whether it is in the best interests of the client for them to claim the full 25% as a success fee.’
So claimants are not allowed to recover additional liabilities, there is no mechanism in place for QOWCS and the winner pays! Likewise, no sign of how they are going to implement the 10% increase in damages.
As for the allegation that solicitors charge exorbitant fees – it was the government of the day who introduced the scheme and scrapped legal aid. Who pays for the investigation of unsuccessful cases?
With the governments track record of implementing new systems (e-system at the Rolls Building?), the statement that the extension to the RTA portal will not be possible before April 2013….. The list of failures is getting longer by the day. And let’s not forget Prof Regan predicting other aspects unravelling. The show continues!