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Blinded by the Scales of Justice: The dangers of 'no win no fee' claims

Blinded by the Scales of Justice: The dangers of 'no win no fee' claims

          
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About the Book

Blinded by the scales of Justice is the true story of a personal injury claim that went drastically wrong.In April 2013, Lord Justice Jackson introduced a new ruling primarily aimed at personal injury litigation. The key objective was "to promote access to justice as a whole by making costs of litigation more proportionate." This ruling introduced qualified one way cost shifting which means that the defendants will generally be ordered to pay the costs of successful claimants but subject to certain exceptions, will not recover their own costs if they successfully defend the claim. The biggest fear about taking on litigation with often big companies with top notch lawyers was that if the claimant lost they would have to pay the defendants fees. Now they didn't. One of the exceptions to this ruling is if the claimant is found to be fundamentally dishonest in the claim. In this case, they will have to pay the defendants costs. Equally if there were any 'findings' of fundamental dishonesty, the claimant may lose their insurance and their no win, no fee opportunity. This was I believe to try to deter fraudulent claimants. However, like most things in life, corrupt people will always find a 'loophole' to manipulate the system. Unfortunately solicitors are not impervious to this, as my friend Karen was to learn the hard way.Defendant's insurers or solicitors will inevitably be singing all the way to the bank if they manage to catch the claimant out at being dishonest. Let's face it the claimant loses their CFA solicitor, their insurance and have no funds of their own to continue the case. Quid's in! It has become the 'norm' in personal injury claims since this ruling for the defendants team to attempt to prove that the claimant has been fundamental dishonesty. This has become more important than causation, liability and quantum. If they can prove this then the claim gets thrown out.An allegation of fundamental dishonesty can be simply a serious attack on the claimants credibility with specific legal and costs consequences which many insurance companies and solicitors are now raising as a means of attempting to defeat otherwise perfectly reasonable claims. In this claim the claimants solicitor abused this loophole too, in a cunning attempt to cover her own mistakes in this claim. This left the claimant with not only severe mental health issues but severe financial issues too.Two therapists for the Midlands took this case on, and were able to prove the solicitor in this claim to be corrupt.Linda is a psychotherapist and as Law is very academic and cognitive, she wanted to thread the emotions and personalities of the protagonists through this book too. To do this she very cleverly threads another story through the book of a Circus. The solicitor being the Ringmaster and the Claimant being the Marionette with a comical cast. Linda's humour in this book keeps you awake and keen to read not only the outcome of the claim but also the outcome of the Marionette.


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Product Details
  • ISBN-13: 9798568335184
  • Publisher: Independently Published
  • Publisher Imprint: Independently Published
  • Height: 229 mm
  • No of Pages: 286
  • Spine Width: 15 mm
  • Width: 152 mm
  • ISBN-10: 8568335187
  • Publisher Date: 23 Nov 2020
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 385 gr

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