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Wednesday 6 April 2011

Most personal injury claims could be handled online under planned reform

Nine in ten personal injury claims could be dealt with online, slashing lawyer fees and keeping hundreds of thousands of cases out of the courts, under planned reform unveiled yesterday.

The moves are aimed at combating the compensation culture and slashing the huge legal fees charged by lawyers.
Reforms also include a crack down on the “no win no fee” regime which has helped fuel the soaring bills and meant fighting claims has become an “expensive and daunting nightmare”, Mr Clarke said.
The average legal costs in such cases is now the equivalent of 142 per cent of actual damages awarded, compared with 56 per cent in 1999.
Over the same period the value of damages awarded has increased by a third while the value of legal fees has more than trebled.
Mr Clarke yesterday published a series of reforms and proposed changes to cut legal fees, keep more cases out of the courts and better protect those being sued.
He plans to expand an online service that currently deals with road traffic related personal injury claims of less than £10,000.
Court is only used as a last resort if there fails to be a settlement.
The system allows individuals, and or their lawyers, to conduct claims via a website and limits lawyer fees to a maximum of £1,200 or £1,700 if it goes to court.
Mr Clarke is now considering raising the threshold to claims of up to £50,000 and extending it to clinical, employer and public body injury claims.
Officials estimate such a move would cover 90 per cent of all personal injury claims.
In an unrelated move, there are also plans to increase the threshold for compensation in the small claims court from £5,000 to £15,000.