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News & Features

Thursday 2nd June 2011
02/06/2011 - ?No win, no fee? unjustly blamed for rise in negligence claims
 
A recent report by the Medical Defence Union, which represents Doctors accused of negligence, suggested that “no win, no fee” agreements are behind the increase in medical negligence claims. However, the MDU offers no firm evidence for this and indeed prior to 2010 there is a clear downward trend over the previous 5 years in total damages awarded in clinical negligence claims.

Nigel Muers-Raby, the Chairman of the Consumer Justice Alliance, says “it is extremely worrying that this type of litigation is viewed in a particularly negative light and all the more curious that the cause of the problem is perceived to be individuals who suffer negligent treatment and their legal representatives, rather than those at fault.

There is no doubt in our minds that someone who has suffered an accident will find life much tougher if “no win no fee agreements are lost: ultimately it will hinder their ability to seek fair and reasonable access to justice” .

Stephen Ramsden Gill Akaster LLP Solicitors Partner says “At last we are starting to see some sensible debate about “no win, no fee agreements”. The papers have been full of misinformation about accident and injury claims and as usual have not let the facts spoil a good story. Now this subject is coming before Parliament, I expect the facts will fully emerge and no win, no fee agreements will be recognised for the valuable route to justice that they provide”. 

Stephen Ramsden - Partner

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