SIA Challenges Justice Bill

The Spinal Injuries Association (SIA) has mounted a High Court challenge to controversial Government plans to reform No Win No Fee agreements, saying Ministers have failed to consider properly the devastating impact its proposals could have on disabled people.

The Spinal Injuries Association (SIA), which represents the UK’s 40,000 spinal cord injured people, says Justice Secretary Ken Clarke’s plans in his Legal Aid, Sentencing and Punishment of Offenders Bill would be like ‘going back in time’ and have not been properly thought through.

Ministers’ reforms of the No Win No Fee system – or Conditional Fee Arrangements – include plans to force victims to pay some of their legal fees even if they win, rather than the defendant having to pay, following recommendations from senior judge Lord Justice Jackson.

But the SIA, which is being supported in its action by other victims groups including brain injury charity Headway and Action Against Medical Accidents (AvMA), has now lodged an application for Judicial Review of the Government’s planned reforms of Civil Justice which could see the plans having to be re-drawn if it is successful.

Lawyers for the SIA say the reforms, which charities fear will hit the most seriously injured victims of injury and accidents the hardest, are unlawful because the Government failed to carry out proper assessments of how its proposals would affect disabled people

The charity will also argue in court that the Government has failed to undertake a proper consultation, saying:

• that the time between the consultation closing and Mr Clarke issuing a response in the House of Commons was insufficient
• that the Government ignored the high level of opposition to is plans, with as many as 75% of respondents objecting to some measures, including senior judges
• that Ministers did not take sufficient note of arguments that its plans would hinder access to justice.

“Access to justice should be a fundamental right to protect the vulnerable and Government must consider it as one of their highest priorities.” said Dan Burden, Head of Public Affairs at the Spinal Injuries Association.

“For a great many people whose lives have been devastated through a catastrophic event such as a spinal cord injury, the ‘No Win No Fee’ system has opened up the opportunity, irrespective of means, to submit a legitimate claim.” 

“A newly injured person who is facing up to a life of permanent disability and paralysis should be entitled to obtain good quality legal advice which is independent, without financial pressures impacting their decision to progress a claim.”