header-logo header-logo

28 October 2011 / Deborah Evans
Issue: 7487 / Categories: Opinion , Personal injury
printer mail-detail

Too high a price to pay?

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll