7:53am Wednesday 20th January 2010
By Press reporter
A LEADING York civil solicitor has warned national changes in the law could mean a more American-style legal system in England and lawyers being awarded some of their clients’ compensation.
Currently, English solicitors can offer clients a “no win, no fee” service, which means the losers pay all the costs of the winners in personal injury and clinical negligence cases. All the compensation awarded in such goes to the client.
But now Lord Justice Jackson has published a review report into civil litigation costs, which, if implemented, would change who pays for solicitors’ fees.
Sally-Ann Robinson, partner and head of the claimant personal injury and clinical negligence department at Micklegate-based Langleys, said the reform could have “staggering” effects.
She said: “On the positive side, there would be an increase in the damages for victims of personal injury and clinical negligence.
“But would this be enough to compensate for the shift in responsibility to the claimant for meeting their lawyer’s success fee?
“Most will be happy the proposals have the potential to put an end to unwelcome cold call of ‘Have you had an accident in the last three years?’ and being stopped in the street by claims companies.
“However, there will no longer be assurance that when you approach one law firm for help you will be charged the same for that advice as the firm down the road.
“The report is moving towards a more American-style system where lawyers act on a contingency fee basis and receive a percentage of the client’s damages for their fees.
“It is difficult to predict the overall effect that such proposals would have on civil litigation and, at this stage, it is not clear when, or even if, the proposals will be implemented.”
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