Delay in introducing fixed fees is harming access to justice, says FOIL

Personal injury: funding issues cannot be resolved through 'painfully slow' litigation

The government must stop dragging its feet over fixed costs in personal injury cases or risk damaging the principle of access to justice, the Forum of Insurance Lawyers (FOIL) warned this week.

Unveiling a discussion paper on the issue, FOIL argued that fixed fees - which would be determined on a scale according to values of claims - should be introduced sooner rather than later to solve current funding problems.

It suggested that they would increase certainty, provide a simpler and more efficient system, and bring an element of proportionality.

The Civil Justice Council set up a recoverable costs working group in December to bring forward proposals on the issue, and is set to consider its findings at the end of the year.

The majority of delegates at the council's costs forum - where the working group was proposed by the Master of the Rolls, Lord Phillips of Worth Matravers - favoured fixed fees.

But FOIL president Tim Wallis said the timetable was too lax, and argued that funding issues could not be resolved through 'painfully slow' litigation, such as the long-running Callery v Gray case, which is set for in the House of Lords next month.

'The situation will just continue to deteriorate, and the system which has access to justice as its mission will serve those for whom it exists less and less well,' he said.

The Association of Personal Injury Lawyers is conducting its own consultation on the issue and is currently analysing the results before commenting.

Law Society President David McIntosh said it was important that any solutions should address the concerns of all parties.

'While I share the frustration of those regularly involved, both as a practitioner and in my Law Society capacity, any further radical changes should be carefully evaluated prior to their introduction to ensure they do not cause as many problems as they solve,' he said.

Paula Rohan