Legal Reform Being Delayed

Recent fundamental changes to the law in Scotland, which have seen Mesothelioma victims become fully entitled to compensation, have been a bone of contention since their announcement.

No win, no fee solicitors and pleural plaque victims have welcomed the recent changes after many years endured fighting a seemingly endless battle. However, insurers vowed to challenge the ruling, saying that it exposed them to an unfair penalty.

The new measures passed by the Scottish Executive are one of two extremely important changes to injury compensation law in recent times and many are looking for the changes to be extended to the rest of the UK. Along with pleural plaque legislation, the outgoing chief executive of the Association of Personal Injury Lawyers (APIL) has also launched a scathing attack on what she described as the governments inaction on another major legal decision.

Delayed reform?

Amanda Stevens, who has recently been replaced by John McQauter as the APIL chief executive, used her last speech as head of the organisation to chide the government for failing to do enough to help the many thousands of workers who have been injured over the years.

Her view was also backed up by the Chairman of the Motor Accident Solicitors Society, who said that the failure to implement recommendations made by Lord Justice Jackson related to the level of individual compensation.

Two years ago, a consultation on personal damages called 'The Law on Damages' was published, which sought to streamline the compensation process.

"There was much in the paper which we supported and welcomed, such as discussion about claims for psychiatric illness. We also made robust arguments in relation to other issues about which I personally feel very passionate," said Ms Stevens.

Most pressing of these issues is raising the amount of compensation awarded to very seriously injured people, who often have to drastically change their life, including buying and refitting homes and hiring helpers.

"If a claimant is so badly injured that he needs to purchase new accommodation or alter his current accommodation, the negligent party who caused the injury should simply provide the funds to allow the claimant to do this," added Stevens.

"These issues need to be addressed, and I find it unacceptable that this golden opportunity for the Government to grasp the nettle and really do something worthwhile for injured people has effectively been shelved for so long."

According to reports, the Ministry of justice has pushed back its implementation of new reforms until 2010 rather than later this year as first thought. While this delay would make it a full three years after the consultation document was published, John Spencer from the Motor Accident Solicitors Society welcomed the extra time given to get the industry up to speed.

"(There are) still a number of grey areas that still need to be addressed. In addition, sufficient time had to be given to both claimant solicitors and the insurers to adapt their claims management systems and train their staff accordingly. MASS is extremely pleased to see that the Ministry has put back the implementation date to April 2010," he said.

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