What are the new Government’s plans for the Ministry of Justice & our legal system?

Jenny Ray, Head of Personal Injury Department Griffith Smith Farrington Webb, asks what are the new Government’s plans for the Ministry of Justice & our legal system? 

It seems that no one expected a conservative government, perhaps least of all the conservative party, but here we are and we can be certain to see further cuts and implementation of austerity over the next five years. A policy which, tens of thousands marched against across the UK recently.

The Welfare state, immigration, the NHS and the EU have also dominated headlines, but we don’t yet know what the new Government’s plans are for the Ministry of Justice and our legal system. 

It’s difficult to be optimistic; over the last five years, the coalition oversaw the implementation of an array of cuts and sweeping changes. 

In the personal injury sector, we saw the introduction of fixed fees in almost all cases worth £25,000 or less. Online portals are now used in almost all cases worth less than £25,000. The hope is to improve efficiencies, but the measures are also likely to erode the kind of personal service clients have come to expect.

We now also have fixed fees for medical reports in ‘whiplash’ claims, and legal aid has been removed from almost all personal injury and clinical negligence claims. 

In personal injury and clinical negligence claims, Claimant’s now have to pay part of their legal costs at the end of a successful case meaning they no longer receive full compensation for their injuries and losses. 

Ostensibly, these measures have been introduced to combat a ‘compensation culture’ (which Lord Young of Graffham’s 2010 report found didn’t exist), but in actuality, all of us want to see fraud eliminated, costs to tax payer reduced and the cost of motor insurance reduced. 

The question is whether the changes we have seen actually achieve these aims. We know that Whiplash claims have reduced by 23% in last two years but this decline started before the reforms were introduced. We have not yet seen the reduced premiums the motor insurance industry promised would follow from the reforms. 

And what about access to justice? The law is there to protect genuinely injured people who suffer injury and loss as a result of other people’s negligent actions. 

A recent report by the Legal Services Board indicated that there had been no issues with access to justice between 1999 – 2013, but it is since April 2013 that most changes have been introduced in civil litigation, so the net impact remains to be seen. 

There are concerns that we may also see unexpected consequences that actually lead to increased costs to the taxpayer. For example, the recent reforms have seen courts overwhelmed with litigants in person for whom legal representation is no longer affordable.  

This will undoubtedly mean cases taking more Court time, with more costs to the public purse.  

What’s more, when taken in totality, these reforms – limiting legal aid, removing full compensation, discouraging claims where compensation is most needed – may well have the greatest impact on the most vulnerable, while those who can afford it will retain their access to justice. 

Further cuts seem likely; we also anticipate the limit on small claims court will rise, making litigation less affordable and further limiting the possibility of accessing legal advice. 

Access to justice is at stake and should not be threatened by cuts. Whatever changes are imposed upon us, the legal profession must find a way to offer the legal services and representation that people need.

Whatever the next five years hold, we will be striving to obtain justice for our clients and will continue to provide a professional and personable service of the highest standard.

If you have any further questions on this topic you can contact Griffith Smith Farrington Webb by email enquiries@gsfwsolicitors.co.uk or by calling 01273 324041. 

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