Claims reforms “would benefit negligent corporations” says solicitor

Solicitor behind Corby toxic waste case criticises Jackson report

The solicitor behind the landmark Corby birth defects case has criticised proposals to reform the way compensation claims and other types of litigation are paid for.  Des Collins, a senior partner at Collins Solicitors, the firm which represented 19 people affected by the toxic chemicals present in the soil around a disused steelworks in the Northamptonshire town of Corby, said that reforms would tip the scales of justice in favour of corporations and local authorities.

Lord Justice Jackson’s report into reform of the costs of compensation claims recommended scrapping conditional fee agreements, known by the abbreviation CFA and after-the-event insurance policies, known as ATE policies.  At the moment, CFA’s and ATE policies allow law firms to offer their services at no cost to clients, as all the costs are met by the defendant if the case is won, and if the case is lost, then the ATE insurance policy covers the cost.  However, in future, solicitors may have to make deductions from their client’s compensation in order to cover their costs, similar to the system in the United States where most firms charge clients between 20% and 40% of their compensation settlement.

In comments reported in the Law Gazette, Mr Collins said; “While the existing system isn’t perfect – and arguably something does need to be done to limit excessive costs, for example in defamation cases – these proposals are weighted heavily in favour of defendants.”  He went on to say that; “the balance of the proposals needs to be redressed so that those, the vast majority, who can’t afford to bring cases of this nature to court, can seek legal representation.”

Mr Collins is not the first high-profile lawyer to question the Jackson report.   In recent months several members of the profession have commented about the risk that people with genuine claims might be “priced out” of making a claim because they may not be able to pay for the services of a lawyer.  They would also not be able to get legal aid, as it isn’t available for personal injury claims.

No-Win No-Fee Personal Injury Claims

Here at Camps Solicitors, our personal injury claims lawyers have been helping injured people to make claims for over 25 years.  We are just as concerned as the rest of the legal industry about any changes that might affect someone’s ability to make a compensation claim against a business or a local authority that has caused them to suffer an injury in an accident.  We pride ourselves on recovering 100% of the compensation our clients are awarded, without deducting our costs from this money.

At Camps Solicitors, our personal injury department handles thousands of successful personal injury compensation claims each year.  Our solicitors have helped several people to successfully make an accident claim after being injured in accidents on local authority property or accidents caused by businesses and coporations, and they could help you too.

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