APIL has laid bare the ‘irrefutable prejudice’ against personal injury claimants and ensuing erosion of their right to redress, in evidence to the House of Commons Justice Select Committee’s access to justice inquiry.
“In the last 15 years, a series of policy decisions has profoundly undermined access to justice for injured victims of negligence, the rule of law, and the well-established principle of 100 per cent compensation,” said APIL (Association of Personal Injury Lawyers) president Matthew Tuff.
Evidence submitted to the committee has been published today (24 October).
“I’m talking about the Legal Aid Sentencing and Punishment of Offenders (LASPO) Act, the tactical use of fundamental dishonesty allegations by aggressive defendants, fixed costs which have not kept up with inflation, and the decimation of compensation for victims of road traffic collisions. I could go on,” said Matthew.
“The narrative has focussed on protecting businesses, insurance companies’ profit margins, and controlling premiums,” he went on
“Injured people have been the subject of rhetoric which is based on misinformation, misunderstanding and unfounded vitriol which has influenced policymaking in such a way as to cause vulnerable people genuine hardship.
“This irrefutable prejudice against injured victims of negligence flies in the face of the fact that the whole purpose of insurance is to compensate them,” he said.
“The LASPO Act of 2012 was particularly damaging as it introduced unfair costs risks for injured people who make claims for redress, claims they would never choose to need. At the time it was said the measures would give injured people ‘skin in the game’. Personal injury is not a game.
“And by throwing away the principle of full compensation in changes to how the discount rate is calculated, it is now less likely than ever that an injured person will be placed as near as possible to the position he was in before the negligence. Wells v Wells, once a cornerstone of our civil justice system, is effectively defunct,” Matthew said.
“This Government must put people before profits, and place the needs of victims of negligence central to any policymaking which affects them.”