Report comment

Please fill in the form to report an unsuitable comment. Please state which comment is of concern and why. It will be sent to our moderator for review.

Comment

"The problem can be directly linked back to the Jackson reforms and subsequent cuts to fixed fees for lower-value personal injury claims."

It can also be traced, almost as directly, to the various government/regulatory decisions* to:
- abolish Legal Aid and introduce CFA's for PI
- allow advertising for solicitors
- change CFAs so that success fees and ATE insurance are recoverable
- allow the introduction of CMCs
- allow referral fees
- Introduce fixed fees
- change CFAs (again) so that success fees and ATE insurance are not recoverable
- Not increase and then reduce fixed fees / introduce portal fees

None of which justifies charging a 100% success fee on all cases (limited to 25% of damages) without explaining it properly to the client. However, I think it's reasonable to keep in mind this was not a single change, but just another in a long line of changes which has very effectively reduced the role of qualified solicitors in this area.

I'd suggest that the increase to the small claims limit and tariff awards for whiplash were just the most recent example of a sustained campaign to remove lawyers from the process, but I just can't give government credit for being that organised over such a long period of time...

*apologies as I've no doubt got the order of these wrong.

Your details

Cancel