Controversial new road accident costs rules to remain as High Court action fails

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A blow for ambulance chasers

The Law Society today said that it regretted the failure of a High Court action brought by the Association of Personal Injury Lawyers (APIL) and Motor Accident Solicitors Society (MASS) against the Government, which sought to overturn its decision to reduce legal costs recoverable by people injured in road accidents. The Law Society had intervened in the case, on behalf of its 160,000 solicitor members.

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Desmond Hudson, Chief Executive said:

“We remain deeply unhappy with the new recoverable costs rules and the process by which the Government made its decision. However it was clear that the decision, however unfair we considered it to be, was going to be difficult to challenge. We will continue to impress upon Government the need to ensure that those injured through no fault of their own need to be able to seek redress, without putting themselves in severe financial difficulties.”

 

The High Court ruled that the Government’s decision (to reduce the fixed costs recoverable by claimants, where the pre-action protocol for low value personal injury claims in road traffic accidents applied) was properly reached.

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