Clarke hints at end to 'no-win-no-fee'
Wednesday, 27 October 2010 12:00 AM
By Peter Wozniak
Ken Clarke has given the strongest indication yet that 'no-win-no-fee' personal injury claims may be set for the scrap heap.
The justice secretary hinted that lawyers may receive a portion of damages claimed if planned moves go ahead, to discourage frivolous claims.
He told Radio 4: "You should not have a situation where, regardless of however frivolous the claim is, the sensible thing for the defendant to do is to settle, get out, before the legal costs start running up."
Mr Clarke opposes the current system whereby firms offer no-win-no-fee services that tie up the courts in protracted suits over trivial matters.
Lawyers presently can ramp up costs on successful cases to pay for the system.
Intimating that he had the support at the highest level for his stance, he added: "A very experienced judge, Sir Rupert Jackson, has come up with some very good recommendations which I find, and the government finds, very attractive."
No firm plans have yet been put in motion by the Ministry of Justice, but this is the strongest sign so far that 'no-win-no-fee' may become a thing of the past.
In order to replace it, Mr Clarke suggested taking on the American model of legal costs being recovered out of the final settlement.
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