A Midland law firm has swung open its doors to people looking to
chase up commercial disputes - before it's too late.
The current 'no win, no fee' system of civil litigation claims
is under real threat due to the likely implementation of a review
of the Legal Aid, Sentencing and Punishment of Offenders Bill.
The deadline for this bill to be passed is expected to be
October, so there isn't much time before the rules change and after
this date, it will cost more to litigate.
With this in mind, Leamington solicitors, Wright Hassall has
launched a 'Last Chance Saloon' initiative to allow people access
to justice while they can still afford it.
Gemma Carson from Wright Hassall's commercial dispute resolution
team is one of the lawyers behind the programme and is keen to
ensure as many people as possible take advantage of the current
regime and have access to justice.
She said: "If these proposed changes come into force we will
effectively see the end of 'no win, no fee' claims, also known as
CFAs (Conditional Fee Arrangements).
"Under the current system, the additional legal costs of the
success fee and after the event (ATE) insurance premiums are
recovered from the other side.
"But implementation of this bill will mean that recovery of
these additional legal costs from an opponent will not be permitted
and therefore claimants will have to fund cases themselves.
"This will have to be done either on a private paying basis or
through a contingency funding agreement, with their solicitor
taking a percentage of their damages as payment for their legal
costs.
"It is thought that these changes are, in part, in response to
the belief that we are reaching a point where, as a society, we are
becoming too litigious, similar to the situation in the United
States, and legal costs are becoming disproportionate to the amount
actually in dispute.
"The reason for this is that too many people are being
encouraged by claims management companies to make personal injury
claims which is having a negative impact on the overall reputation
of dispute resolution.
"Under new guidelines, most people will have to fund their own
claims, including an after the event insurance policy; for those
who cannot afford to fund such a policy they face the risk of
paying the hefty legal fees of their opponent if they lose their
claim.
"Overall this is likely to prevent access to justice in the
future.
"Many people will be deterred from pursuing claims as their
financial position will prevent them from meeting a potential
liability for legal costs.
"We are encouraging those who are considering making a claim to
do so now, so that they can take advantage of the low risk
environment created by a CFA and ATE insurance in which to
litigate."
For more information visit www.wrighthassall.co.uk or
call 01926 886688.