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Too high a price to pay?

28 October 2011 / Deborah Evans
Issue: 7487 / Categories: Opinion , Personal injury
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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

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

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Freeths—Melanie Stancliffe

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DAC Beachcroft—Tim Barr

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Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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