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The No Win, No Fee Culture in the UK
In recent months, there has been a lot of talk about a ‘culture of compensation’ becoming embedded in the UK. The main object of blame for this unlikely development is the ‘no win, no fee’ system whereby any person, regardless of circumstance or status, can be represented by a personal injury solicitor and file a claim against a negligent party.
Although this may be justified in some cases, it unfortunately means that real cases can be overlooked. Should we not allow an elderly woman to seek no win, no fee compensation from the National Health Service for a botched hip operation?
Yet even a cursory survey of the ‘no win, no fee’ process would indicate that, rather than implementing a system of dependency, the opposite is instead the case.
Take the Occupiers Liability Act. This piece of legislation was brought forward to clarify the liabilities of businesses and householders with regard to privately maintained property. When was this piece of ‘nanny state’ legislation enacted? More than 50 years ago in1957!
The simple fact of the matter is that if an accident is caused through negligence, then suitable compensation must be awarded. After all, if employers from every industry took the correct measures and observed the strictures legislated for by Health and Safety, then ‘no win, no fee’ solicitors would be rendered redundant. Until that day arrives, the ‘no win, no fee’ solicitor will remain a potent opponent of negligent entities.
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