At present, part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 is under post-implementation review.
This week, The Forum of Insurance Lawyers (FOIL) has responded to the initial assessment, published by the Ministry of Justice (MoJ) in June.
Despite admitting that the objectives of LASPO ‘have to a large extent’ been achieved, FOIL remarked that instances of unmeritorious litigation in industrial disease claims have increased because of QOCS:
‘Some claimant firms have developed a business model for NIHL [noise-induced hearing loss] claims based on the fact that claimants with low incomes are exempted from court fees, which together with QOCS, removes the risk to the claimant and the legal adviser to such a degree that almost any case is worth running on the basis that the insurer may be tempted to make a nuisance payment in settlement’.[i]
The review is ongoing and has been the subject of Governmental delay in past months, as discussed previously in edition 228 of BC Disease News (here).
[i] Monidipa Fouzder, ‘PI referral fee ban not working, MoJ told’ (30 August 2018 Law Gazette) https://www.lawgazette.co.uk/practice/pi-referral-fee-ban-not-working-moj-told/5067357.article> accessed 6 September 2018.