Deborah Evans takes a critical look at the proposals in the Legal Aid Bill
In a just and moral society, an uninhibited access to justice should be available to all people, regardless of their means. It is one of the most important cornerstones of a modern civilisation. This is why many members of the Association of Personal Injury Lawyers (APIL) are gravely worried about proposals in the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill, which is currently going through Parliament.
The proposals to restrict conditional fee agreements (CFAs) and to cut legal aid for victims of clinical negligence have some unjust consequences for injured people.
It is deeply unfair for victims to be made to use part of their damages to meet legal costs. Damages are intended to help compensate people for their pain and suffering. Victims do not choose to be injured. They should not pay for someone else’s mistake. Damages are not “winnings”—money does not “make it better” but it does help a victim live with the consequences of an injury.
Restrictions
Another major issue with