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Proposals to reform aspects of the British civil legal system, including legal aid and no win, no fee representation, have been criticised as "hitting the weakest hardest" by the Association of Personal Injury Lawyers.
Of provisions for legal aid cases, Justice Secretary Ken Clarke said that under the current system, "The taxpayer is footing the bill for unnecessary court cases which would never have even reached the courtroom door, were it not for the fact that somebody else was paying." Clarke also called for reform to injury compensation cases, saying that claimants should pay a success fee to lawyers so that they will "therefore take an interest in controlling costs".
Personal injury lawyers have not been the only profession to criticise the broader effects of the proposals – other legal groups have been equally as strident in expressing their concerns. Nicholas Green, chair of the Bar Council of England and Wales, said this week, "The shrinkage of the justice system inevitably means a painful contraction of access to justice.
"The new thresholds for legal aid will mean that many who must be described as poor will be denied legal assistance when they come into contact with the courts at crisis points in their lives, about decisions going to the heart of their personal lives and those of their families."
It has also been noted that the proposals would dispense with all remaining legal aid provision for accident compensation cases, meaning that all such litigation would either be taken out on a fee-paying or no win, no fee basis in future.
However, with personal injury lawyer success fees being mooted, there are strong concerns that those who suffer the most will be those claimants with the most catastrophic injuries.
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