5.4.11

Government to rob injury victims of justice

Government changes to the compensation system will deny thousands of sick and injured workers access to justice, unions and legal experts have warned. Justice Secretary Ken Clarke told the Commons this week that lawyers would no longer be able to claim 'success fees' from the losing side, and should instead receive a share of the damages. 'We are trying to deliver a civil justice system which is more equitable, accessible and just,' Mr Clarke told MPs. The government says it hopes the changes will act as a disincentive to anyone bringing 'spurious cases'. The proposals follow a review carried out by Lord Justice Jackson in 2010 at the request of the previous government. But TUC general secretary Brendan Barber said: 'This review has nothing to do with justice, it is simply lining the pockets of insurers at the expense of claimants seeking compensation for injuries caused by the negligence of others. This is yet another attempt to reduce the rights of those at work to secure justice when employers break the law.' Tom Jones of leading claimant law firm Thompsons said lawyers would turn down more cases as a result of the changes. He added: 'This is the dawn of access to limited justice for the lucky few. Insurers will save tens of millions of pounds whilst injured people who have a valid claim but one that isn't absolutely open and shut, will be unable to find a lawyer able to help them. The lucky ones who can find a lawyer will be hit by deductions from their damages.' And Andrew Tucker, head of personal injury for Irwin Mitchell, said it was 'bleak day for access to justice', adding: 'Our own research shows that just under half of people (47 per cent) would not bring a valid claim for compensation if they thought that they would have to pay some of the legal costs. The proposals favour the defendant over the consumer and are a serious backward step.'