To my surprise, I have seen no letters in the Gazette from defendant solicitors challenging the arguments I raised in June, attacking the notion of an extension of fixed fees in personal injury cases (see [2007] Gazette, 28 June, 15). Indeed, I have had several calls from defendant solicitors in well-known insurance firms (off the record) endorsing the sentiments expressed.


The behaviour of most insurers in personal injury cases is like that of a drunk in a taxi. He hails a cab and agrees a price for a ride home (£10). On the way, he asks the taxi driver to go via the cash point, a petrol station and the kebab shop. He drops the kebab on the back seat of the taxi, creating a cleaning cost of £7.50. The taxi driver tries to clarify the correct address but the drunk has now fallen asleep and all enquiries are ignored. The taxi driver drives around in circles as the drunk has given him the wrong road name. Eventually, he arrives at the correct address. The drunk wakes up.



The fare on the meter is £47.50 and the drunk spends another 45 minutes arguing with the taxi driver over the amount. The drunk then insists on evidence of the taxi driver's right to charge, including his driving licence, taxi licence and insurance, plus evidence as to advice given and enquiries made as to alternative forms of transport available to the drunk before accepting the fare.



Eventually, the taxi driver settles for £12.75 and goes home, resolving to re-train as a plumber.



Insurers get and should be expected to pay the cost bills they deserve.



Peter Jones, Smith Jones Solicitors, Kenilworth, Warwickshire