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14 December 2012 / Karl Tonks
Issue: 7542 / Categories: Features , Personal injury
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A balanced approach?

Karl Tonks makes the case for independent legal advice in personal injury cases

Proposals to arbitrarily slash fees in the portal and the fast track will irrevocably damage access to justice for many genuine victims of injury. The fees which have been proposed do not reflect the work involved and only serve to cut independent legal advice from the system.

This is a worrying prospect for members of the public, as without proper legal advice, their access to justice will be severely restricted, if not denied altogether. The government has not made its case for why the fees should be cut and is only proposing to do so because insurers have said they should be cut.

The consultation is proceeding on a false premise that the incoming ban on referral fees will result in a saving from the fixed fee. But referral fees were never included in the original fee negotiations and many firms do not even pay them.

Shared concerns

Our concerns about the proposed fees are not just shared by other claimant lawyers. Only recently, Professor Paul Fenn, the independent academic

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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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