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Government reforms will only benefit insurance industry as consumers lose out

11 October 2011

Government reforms will only benefit insurance industry as consumers lose out

Reforms to no-win, no-fee arrangements are unlikely to reduce premiums for consumers, said the Law Society.

The Society is responding to a Transport Select Committee evidence session today on the cost of motor insurance.

Insurance premiums continue to rise by many times the rate of inflation, despite previous assurances of the insurance industry that any savings in legal costs would be passed on to policy holders.

The reforms, currently being pushed through Parliament by Conservative Justice Minister Jonathan Djanogly, are set to make 'no win, no fee' conditional fee arrangements much more difficult for ordinary people to use. This will effectively remove access to justice for millions of middle income, middle England families who are victims of accidents, fraud, negligence, injustice and other wrong doing.

According to the Association of British Insurers (ABI), in 2010 insurers received  46.4 billion in premiums but only paid out  30.8billion in claims, with considerable additional income from investing its customers' premiums.

The Society believes the insurance industry has created a compensation culture smokescreen to hide the real issue- insurers putting the interests of shareholders ahead of those of consumers.

Law Society chief executive Desmond Hudson said:

'The reforms to civil litigation costs and funding which the Government is proposing to introduce will further increase the profits of insurance companies to the detriment of consumers. There will be rejoicing in the boardrooms of insurance companies.”

'The Government has not only bowed to pressure from insurers and but it has also fallen for the propaganda about the so called 'compensation culture'. This is something for which no credible evidence exists.”

The Law Society calls on the Government to suspend its plans and work more closely with the legal profession in order to achieve fairer, less costly and more effective civil litigation procedures which preserve access to justice for consumers, reduce the cost to businesses and protect the more vulnerable members of society.

Ends

The Law society is available for interview and comment please call Rebecca Kiernan on 02073165592

Today Minister Djanolgy will give evidence to the transport select committee

Transport Select Committee, one-off evidence session

Subject: The cost of motor insurance

Witness(es): Rt Hon Jack Straw MP, Motor Accident Solicitors Society, AXA UK, and the Access to Justice Action Group; and Mike Penning MP, Parliamentary Under-Secretary of State for Transport, and Jonathan Djanogly MP, Parliamentary Under-Secretary of State for Justice (at 2.30 pm)

Location: The Wilson Room, Portcullis House.

Background to the reforms

The Government's proposed reforms to 'no win, no fee' cases are a 'cherry picking' of reforms contained in Lord Justice Jackson's recent review of costs which advance the interests of the negligent and other wrong-doers. Under the plans the success fee and insurance premium for the policy that protects claimants from having to pay the defendant's costs if they lose will no longer be recoverable from the losing defendant. This means that people will, if they lose the case, face paying the defendant's costs - which for a complex case against a large corporation like News International could run to millions of pounds. Very few ordinary people would want to take that risk. In personal injury cases there will be slightly more protection but cases like the Dowlers taken under CFAs will simply be too risky in future. Even in personal injury cases there will be new significant risks for claimants in suing for compensation caused by the negligence of others.

Combined with cuts to the legal aid budget, these changes represent a significant attack on access to justice

These changes have been piloted by Justice Minister Jonathan Djanogly on the basis that there is a 'compensation culture' in the UK. This has been proved wrong by the recent report commissioned by the Prime Minister by Lord Young, who said there was no such a culture but merely a perception of one caused by largely inaccurate media reporting.