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Dowler Family Support "No-Win No-Fee" Agreements- 23/09/2011
A West Midlands Solicitor has praised the family of the murdered teenager, Milly Dowler, for supporting Conditional Fee Agreements or so-called "No-Win No-Fee" agreements (NWNF).
Adam Hodson, a personal injury solicitor with FBC Manby Bowdler LLP, stated, " In March, Justice Secretary Ken Clarke announced plans to change the NWNF scheme in England and Wales. His proposals were that lawyers would no longer be able to claim "success fees" from the losing side, and should instead receive a share of the damages.
"There has been widespread criticism of this proposal throughout the legal industry, as the potential impact on an individuals' access to justice affects all aspects of the law - including personal injury, medical negligence, libel, slander and defamation law. If the current system is changed, most ordinary people will either simply not be able to afford their own legal costs, or have their compensation or damages reduced so as to pay for the legal advice they receive."
In an open letter to Prime Minister David Cameron, the Dowler family correctly identify that most cases finish with settlements that do not cover the cost of insurance or legal fees, and as a result there is a very real risk that people will not bother seeking legal advice.
Mr Hodson continued, "It is for people like the Dowler family that the current legal system is designed to protect. One of the founding principles of the rule of law in England and Wales is that there is a right of access to justice for all. It cannot be restricted to solely those individuals who can afford legal advice. Furthermore, it cannot be right or equitable that a person is deprived of a significant proportion of their compensation for pursuing a case against a Defendant.
"Compensation is intended to put a Claimant back into the position they would have been had the tort not have occurred. If a Claimant is left out of pocket, then it is clear that the legal system has failed the people who so desperately need its help. The legal industry owes the Dowlers its unreserved gratitude for raising the profile of this contentious issue and for highlighting the effect that the proposed change to the law will have on ordinary families with who have suffered wrong at the hands of others."
Mr Hodson and FBC Manby Bowdler’s team of specialist personal injury solicitors can be contacted on tel. 01902 578000 or via www.fbcmb.co.uk