Saturday, May 12, 2012

UK 'no win, no fee' lawyers

In 1999 the UK enacted a law that allowed lawyers to offer what is commonly called 'no win, no fee' services. The intention was to reduce legal aid being paid to people who could not afford legal fees and to enable the less economically able to file law suits.


Guess what, in a little over 10 years the situation has given rise to what is called 'ambulance chasing' by law firms, many of whom advertise themselves as mainly or solely 'no win, no fee' firms. 


As reported in Wikipedia -  http://en.wikipedia.org/wiki/Contingent_fee  - "On 29 March 2011, Justice Secretary Kenneth Clarke announced plans to reform contingent fee arrangements, as part of reforms to the justice system prompted by a review of civil litigation costs carried out by Lord Justice Jackson.[7] The changes were prompted by large rises in litigation costs and the proliferation of ambulance-chasing advertisements and claim farmers.[8] The National Health Service has been forced to pay out hundreds of millions of pounds in recent years.[8]"


António Horta-Osório, chief executive of Lloyds Banking Group

And as reported in the Guardian -  http://www.guardian.co.uk/business/2012/may/01/lloyds-boss-hits-out-fraudulent-ppi-claims  - "The chief executive of Lloyds Banking Group hit out at fraudulent claims for payment protection insurance compensation on Tuesday as the bailed out bank increased its provision for mis-selling the controversial product by 12% to £3.6bn.

António Horta-Osório said the £375m additional provision was a "minor adjustment" when asked if it would require the bank to pursue any additional clawback of bonuses from former and current directors. Some £1.5m was clawed back following the £3.2bn provision taken last year.

But he criticised the claims management companies that submitted 45% of the claims the bank received in February and March, from customers who typically bought the insurance when taking out a loan, to cover themselves for illness or other hindrances to paying it back. Of the claims submitted by these firms, 25% were from people without Lloyds products."


Yet again, the Law of Unintended Consequences strikes.

5 comments:

  1. Basically, No win no fee means, win or lose, a claimant won't have to pay for the solicitor's fee. The insurance will take care for the court fees and other expenses. However, if the claimant's case wins, a 100% compensation will be given. This agreement is practice by a no win no fee solicitor but can be use by an accident claim lawyer.

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  2. @Lauren - I think most of us know the 'system'. What I was trying to convey is that by having such a system, the number of lawsuits have gone up. For instance, in the UK's PPI compensation, there are apparently a huge number of false claims, mostly encouraged (we are told) by lawyers. At present the bank against whom the claim is made has to pay the authorities over £5,000 for each claim even if it is later proven to be false. There is talk of charging the lawyer responsible for bringing such claims.

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  3. Hi! @Admin I'm sorry, thanks for clearing that out :D
    Have a wonderful day ahead.

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  4. Thanks for sharing, I will bookmark and be back again




    No Win No Fee Solicitors

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