Last year I wrote about the Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) which, in part, was introduced to rid us of the ‘compensation culture’, a phase the press and Government love as a strap line.
On the 1st April 2013 LASPO came into effect resulting in the abolition of Legal Aid for the vast majority of clinical negligence claims and No Win No Fee changed significantly such that the costs a negligent Defendant pays is now reduced with the injured victim losing some of their damages to meet the costs shortfall.
The Government is continuing in its’ gradual erosion of the civil justice system with the Enterprise and Regulatory Reform Act 2013 which prevents claims being brought by some employees injured at work. Jo Swinson MP, the business minister, said the proposals were part of the Government’s wider reforms to tackle ‘the perception of a compensation culture’.
My colleague, Simon Bransby a specialist personal injury lawyer, wrote to his local MP, Chloe Smith, questioning how her Government could legislate on the basis of ‘perception’ as surely legislation should be based on fact and evidence. Her response “I think it is fair to tackle a ‘perception’, because such perceptions can cause real actions”. Quite what this means I do not know.
So, what is the evidence and what are the facts? In 2012 Government figures show whiplash claims fell for the second year running by nearly 60,000 bringing them to the same levels as in 2008/2009.The insurance industry has lobbied the Government hard to legislate to try and extinguish claims promising if they did so that motor insurance premiums will come down by an average of 15% in the next year. I for one will not be holding my breath!
By Sara Westwood at sarawestwood@m-j-p.co.uk
As a clinical negligence lawyer really appreciate the insight on brain injuries. Keep up the good work.
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