Jackson will put off many from claiming - poll

More than three quarters of potential personal injury claimants would not make a claim if they were at risk of paying a defendant’s legal costs, according to a poll by anti-Jackson review campaigners.

The Access to Justice Group surveyed more than 1000 people about issues arising from the review of civil litigation costs.

The survey revealed that 77% would not consider making a claim even if there was a only a small chance they would have to pay defendants’ legal costs in the event of an unsuccessful legal fight.

Forty four per cent of those surveyed said concerns over legal costs would be “extremely likely” to deter them from making a claim, even under the current system.

Just over half (52%) said they were likely or very likely to claim for an injury at work.

Only 20% believed the Government should make it harder for ordinary citizens to get compensation if an accident was not their fault.

Former MP and personal injury lawyer Andrew Dismore, who is leading the campaign, said: “Our findings from this survey confirm the concerns of the general public, that the changes proposed by the government will mean that ordinary people will find their access to justice severely restricted, especially for accident victims and small businesses facing big companies. The impact assessment makes clear that the winners will be the insurance companies and the losers, claimants.”

Claims management firm Accident Advice Helpline managing director Darren Werth said: “If the government really wanted to make cuts fairly, they could start by capping insurance companies’ legal costs in the same way claimants’ costs are limited; and they could incentivise the insurance companies to accept liability and to make sensible offers earlier. That would be much fairer than making it harder for the public to enforce their rights and get justice.”

“Already 75% of claims are dealt with under the RTA claims portal which was agreed between claimant and defendant representatives so these proposals really seem like the government want to use a sledgehammer to crack a nut.”