A good reason why no win no fee should be illegal

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Bodgeitandleggit

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Take a look at the link and its a really good reason why these greedy bar stewards lawyers are making a fortune....I would like all this no win no fee to be illegal ...these a holes are making a fortune our expense and with my motor insurance due up soon this has really ****ed me off..in my opinion if you should persue a claim against anybody you shpuld put your solicitors fees up front and be liable for costs if the claim fails but I wont hold my breath

http://www.dailymail.co.uk/news/art...0-compensation-claim-gasman-slipped-over.html
 
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she was running a café and had no insurance?????
 
lawyers fees are always excessive

An insurance co would probably have coughed up the £2,000 original claim years ago, and forgotten about it. That meter reader didn't crack his ribs for fun.

Without insurance, what would have happened if, say, a bunch of her customers picked up food poisoning, or an old lady slipped on a wet floor and broke her hip?
 
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No win no fee should be made illegal, I agree.

Only rich people should be able to take legal action against others, **** the poor, it's their own fault for being lazy/stupid/feckless, that they can't afford their own lawyers.
 
I'm suddenly thinking of those people who try to raise funds for their friends or family who have run up huge hospital bills by having an accident or illness on their foreign holidays..... because the person didn't bother with insurance.
 
We live in a blame culture where accidents are staged or exagerrated to enhance the claims...its all win win for the solicitors and the person claiming , what I hat about it is that ****head joe who has not got two pennies to rub together can pursue a fictional claim with a pot of gold at the end but if the claim is lost ****head joe loses nothing....would he and millions like him pursue a claim if he had to pay 1k up front and then agree to costs if the claim is not won..no way...these solicitors are just greedy feckers and this touting should be outlawed
 
Bodgeitandleggit said:
.... joe who has not got two pennies to rub together can pursue a fictional claim with a pot of gold at the end but if the claim is lost p****d joe loses nothing
Click to expand...

Not how it works in practice though.

If the claim was fictional then the solicitor on a no-win-no-fee wouldn't take the case as it would cost him money with no return. In fact a major problem with these deals is that they only take the no-brainer winners, anything that is slightly dubious is rejected. So it doesn't allow people with good claims to easily go to court. The NHS, where a significant number of claims are indefensible and yet still fought on principle by doctors with nothing to lose, loses a fortune this way.

An alternative is the US system where the lawyer fronts all the costs and gets a percentage of the winnings. Again, the lawyer acts as a first line of defence for silly claims as (s)he will be spending his cash up front. Problem is, the US system is not popular here, for some reason.

Another reason that won't work here is because damages are generally quite small (£2k in the example given) so your UK lawyer isn't interested in 40% of that. Punitive damages are unusual here, and that's where the US lawyer (and plainfiff) makes the really big bucks.
 
no win no fee, and all these PPI claims companies, should be made iNlegal. They are even springing up in shopping centres now! "Have you had a loan?" Trouble is, unlike the phone calls, you cant tell someone to **** off in real life. There might be a no win no fee man around the corner wanting a claim for pyschological damage on the PPI man. ;)
 
chapeau said:
Bodgeitandleggit said:
.... joe who has not got two pennies to rub together can pursue a fictional claim with a pot of gold at the end but if the claim is lost p****d joe loses nothing
Click to expand...

Not how it works in practice though.

If the claim was fictional then the solicitor on a no-win-no-fee wouldn't take the case as it would cost him money with no return. In fact a major problem with these deals is that they only take the no-brainer winners, anything that is slightly dubious is rejected. So it doesn't allow people with good claims to easily go to court. The NHS, where a significant number of claims are indefensible and yet still fought on principle by doctors with nothing to lose, loses a fortune this way.

An alternative is the US system where the lawyer fronts all the costs and gets a percentage of the winnings. Again, the lawyer acts as a first line of defence for silly claims as (s)he will be spending his cash up front. Problem is, the US system is not popular here, for some reason.

Another reason that won't work here is because damages are generally quite small (£2k in the example given) so your UK lawyer isn't interested in 40% of that. Punitive damages are unusual here, and that's where the US lawyer (and plainfiff) makes the really big bucks.
Click to expand...

When I say fictional what I mean is staged like a car crash where the big bucks are, I know a while ago police arrested a gang wich was involved having a crash, repairing the cars at wholly inflated prices and passing on details to a solicitor.
 
I can't understand how the Solicitors fees were so high despite the claim being settled and not going to court.

Normally for a slip claim like this, there may be £5-£10k of fees for the claimants Solicitor .... and half as much for the defendants Solicitor. Even less if liability is admitted early on

I am wondering if the cafe owners team caused some extra costs to be incurred?
 
Bodgeitandleggit said:
We live in a blame culture where accidents are staged or exaggerated to enhance the claims
Click to expand...

You are right.

Absolutely no one causes accidents or is careless towards other people, and if they are they are either lazy feckless poor people, or they are rich and can afford their own lawyer.
 
Bodgeitandleggit said:
When I say fictional what I mean is staged like a car crash where the big bucks are......
Click to expand...
That's just plain fraud though, nothing to do with no-win-no-fee being a good or bad way of doing business. And in any case, should we really be making significant policy decisions based upon the actions of a very small minority of crooks?

The country is broke and cannot afford to pay legal aid like in the past. So we need a solution which allows people to have their day in court.
 
"We can’t understand how it could have been so much for such a small accident. We have fought it for years."

She's pretty much answered her own question there!

She failed to take reasonable steps to ensure the safety of persons entering her property (wet cellar steps with no warnings). Open and shut case. I've no sympathy, she should have coughed up straight away.

Better still, she should have had liability insurance and handed the whole thing over to them.
 
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