Claimant solicitors face a bumpy road ahead says Dominic Regan
The good news is that the government is not looking to increase the small claims limit of £1,000 in injury claims. That is the end of the good news. Claimant solicitors will be appalled at the extreme changes anticipated in two major pieces of government thinking published last week. The first was the response to the Jackson consultation. All the lobbying and meetings behind closed doors has had as much impact as a blow from a wet lettuce leaf upon Mike Tyson. The core Jackson proposals are embraced wholeheartedly. I am not going to recite them, but a few issues do call for comment.
Success fees
One profound argument against ending recoverability of success fees is that the claimant will not recover full compensation. Out of damages there will be paid a contribution to the success fee, capped at 25% of the damages with future loss immune from deductibility.
It is disingenuous of the government to say that there is no such principle as full recovery by the claimant. It points out, correctly, that when