The Government reforms of the legal aid system have left the claimant and defendant organisations in a state of uncertainty. The rules relating to the recoverability of ‘after-the-event’ insurance premiums and success fees are far from clear and it seems it will be left to the industry and possibly the courts to clarify the situation.
The issue of recoverability is not a fight between claimant and defendant representatives. It is the Government that has stated its policy to remove legal aid, allow the injured party to recover their compensation in full and make the wrongdoer pay the cost of bringing the claim.
