'No win, no fee' under scrutiny
Thursday 26 June 2008
A research based review of no win, no fee arrangements in England and Wales was announced yesterday by the Ministry of Justice.
The study, by senior academics including Professor Neil Rickman of the University of Surrey, will look at whether no win, no fee arrangements are still operating in the best interests of giving people access to justice.
Justice Minister Bridget Prentice said: "No win, no fee arrangements are vital in helping to give the public a voice in courts. However, we are aware of growing concerns that they may not always be operating in the interests of access to justice.
"We feel that now is the appropriate time for a comprehensive, objective and evidence based examination of the operation of no win, no fee arrangements in relation to personal injury, employment and defamation cases."
Professors Richard Moorhead, Paul Fenn and Neil Rickman, will consider how best to:
- identify representative samples of claims data in personal injury, employment and defamation/privacy cases
- examine the nature of funding arrangements in these cases and the outcome
- identify random samples of clients and legal advisers that may help provide more detailed data about the understanding of quality and change within the legal services sector
- analyse the unmet legal needs in the areas of personal injury, employment and defamation/privacy
The professors are expected to report to ministers in the autumn. The report will help determine what specific aspects ought to be pursued in more detail and the feasibility of doing so.
