David Cameron to “cut back health and safety”

Health and Safety of workers is paramount and a laudable quality; after all it is the historical implementation and continued application of these standards that save employees lives and separate the British workplace from a Far East “sweat shop”.

Whilst we all agree that the UK economy should remain competitive perhaps the Prime Minister should focus on Government department’s procurement policy for major public projects and the money it wastes rather than becoming the PR representative of the insurance industry.

It is a recorded fact by the Government that the number of fatalities and injuries and therefore claims arising out of workplace accidents has dropped significantly.  The heavily discredited Lord Young confirmed as much in the report the Prime Minister commissioned.  The issue was the fear of litigation as a result of advertising and not the reality.

It is perhaps surprising that the only winners out of all the regulation and targeting of Health and Safety are the Government who as the largest employer in the country and the insurance industry. Employer’s liability insurance is compulsory. The premiums increase, despite the fact that only 2/3 of viable claims are pursued and the number of injuries is dropping.

If the liability for which insurance is compulsory is also further reduced who are the major and only beneficiaries; as call me cynical but I don’t believe that the government or the insurance industry will pass the savings on to the public. Read more »

Fox Says…’Compensation Culture’

“To tackle the compensation culture and address the fear from businesses of being sued for trivial or excessive claims ­we will extend the current scheme that caps the amount that lawyers can earn from small value personal injury claims and reduce overall costs in cases funded by no win no fee¹ deals.

This will help bring down the cost of many cases and deter the speculative health and safety claims made against good businesses that would appear not to have done anything wrong.”

Will the government also act to ensure that Insurance companies identify the saving they make in compensation payments and legal fees and show transparently how it has been used to reduce premiums rather than just increase shareholders profits and senior employee’s remuneration packages?

David Cameron Should Listen To The Dowler Family

I cannot imagine what it is like to lose a child in any circumstances, let alone the tragic circumstances surrounding Milly’s death.  To compound matters, they then have to face the fact that their lives were thrown into the spotlight yet again, by the actions of representatives of The News of The World.

Milly’s family have written to the Prime Minister urging him to abandon legal reforms that will prevent victims suing for compensation.  I hope he listens.   Over the last 35 years Ralli have acted for thousands of clients, who without the benefit of the much criticised “no win no fee” agreements, would not have had access to justice.

If we take for example a client of Farhanah Ismail’s, partner at Ralli. Ms X was being given a trampoline lesson. Under instruction which was not clear and correct, she suffered a terrible injury to one of her legs, resulting in her leg snapping and bending the wrong way round.

Ralli worked tirelessly to achieve the best possible settlement for her and despite the trauma of full court hearings following denial of liability, Ralli successfully settled her claim.   The insurers had the opportunity to settle at a very early stage but the matter resulted in a full trial, costing the insurers more in the long run.   Without funding, Ms X would not have been able to make this claim.  As a result of the accident, she has now been left with severe restrictions in her daily life. Read more »

And that’s what I think…

James Reilly - Personal Injury Partner

The Mirror recently published an article regarding personal injury including an old quote by David Cameron. The full article can be found here: http://tinyurl.com/4c9b7un

However he regretfully still wasted public money in commissioning the heavily discredited Lord Young of “you’ve never had it so good” infamy to report on health and safety and the ‘compensation culture’.

The reports only accurate statement was that the ‘compensation culture’ in terms of personal injury claims is a myth based around media hype generated by the insurance industry and TV adverts.  It is not a crime for any private industry to advertise. The increased advertising is merely a sign of a competitive market as the number of claims has diminished. Read more »

“One system must apply to all” including MP’s legal aid

Andrew Cowan (Solicitor)

Following on from Stuart’s comments, it is right that the public and David Cameron should feel outraged at this particular decision on legal aid.

However what people must realise is that to be fair, one system must apply to all – and financial means testing in the Crown Court is presently being phased in across the country. It has been in place in magistrates’ courts since 2007. Read more »

Granting Expense MP’s legal aid could “cost the public less”

Stuart Page (Associate)

Although the MP’s have been granted legal aid, and this may be distasteful in the eyes of the public, it has to be remembered that should they be found guilty an assessment will be made by the judge of their ability to pay legal costs, and the judge can make a defendant cost order for them to pay some or all of their legal fees.

The granting of legal aid will also ensure a swift trial for the defendants as one must remember that if they were unrepresented a trial would obviously take a lot longer, with the judge having to explain to unrepresented defendants every step of the legal process. Read more »