Tuesday, 29 March 2011

No Win, No Fee - It's not all about ambulance chasing!

The justice secretary Ken Clarke Radio 4 Today Programme  ahead of a statement to MPs – to explain why he's going to curtail "no win, no fee" legal activity that encourages ambulance-chasing, dodgy claims and excessive fees for lawyers.

He is also taking a £350m axe to Legal Aid, notably the modest civil aid variety, a move that is causing grave distress to those who seek to promote access to justice for society's poorest.

So when no win, no fee was substituted, lawyers were instead allowed to double the fees claimed against the respondent when they won – a sharp incentive to do such work, knowing that a win would help pay for other cases lost.

What shouldn't be lost though between the wranglings of the government and  the lawyers is the need for very specialised legal expertise for complex and often long term childhood acquired brain injury cases.

Families affected by this (often the poorer and less educated amongst us) have been dealt a double blow.  Not only do they have to cope with the affects of the brain injury which include many hidden aspects (in other words, you don't see it physically), but they also now have to deal with the very real situation of  cuts in service provision and the distinct possibility that they will have limited or no access to compensation, because lawyers will not take on their lengthy and complex cases.

Legal firms who support the work of the Child Brain Injury Trust, do so because they recognise the importance of the 'relationship' and the long term benefit it will bring to the family.  We hope that these firms will continue to value the overall support these families need to enable them to move forward positively with their lives.

No Win, No Fee - it's not all about 'Ambulance Chasers'.