Lawyers emphasise justice in litigation probe

Solicitors have this week given a cautious welcome to a government-backed investigation into litigation and compensation in the UK - but have urged against losing sight of the rights of injured people amid concerns about a compensation culture.

The better regulation task force, an independent advisory body set up by the Cabinet Office, will investigate whether there are other, more efficient ways of obtaining compensation.

Greater use of fixed fees for lawyers and compensation based on need will be two issues under scrutiny.

The study will ask whether cost and complexity have increased and whether the risk of litigation promotes good practice.

The three-strong sub-group carrying out the study includes Victoria Younghusband, a partner at City law firm Lawrence Graham.

Task force chairman David Arculus said: 'Our question is - is litigation the most effective and efficient regulatory tool for making amends? Or are the only people that really gain insurance companies and lawyers?'

A task force spokesman said: 'We are not starting out on a negative point - we want to see how better regulation can benefit everyone'.

David Marshall, president of the Association of Personal injury Lawyers, said: 'Obviously the system must operate efficiently, but we must all clearly keep in mind the rights of injured people and the role of the system of putting them back in the position they were in before the injury happened.

Law Society chief executive Janet Paraskeva said: 'Despite reports of a growing litigation culture, the number of employers' liability claims has fallen by 16% in two years.

We look forward to contributing to this study and determining if the present system enables people to pursue their rights and encourages businesses and public organisations to improve standards.'

See Editorial, page 15 (see Gazette [2003] 24 July)

Paula Rohan