396 / 462
DECEMBER 1993
GAZETTE
Undermining the right to bring claims —
Continued
i
competitiveness of firms and putting
jobs at risk. This is tantamount to
saying that it is an act of disloyalty on
the part of a worker to bring a claim.
We would totally reject such an
approach or any such suggestion.
The system under which some
solicitors take personal injury cases
on a 'no foal, no fee' basis has been
called into question. The Law Society
has defended the right of solicitors to
take cases on this basis because
people - most of them ordinary
workers - cannot afford the outlay
involved in bringing actions and there
is a hopelessly inadequate system of
Civil Legal Aid in this country. In
England, the Law Society has now
secured the approval of the Lord
Chancellor for the introduction of
conditional fees which will allow
solicitors to take cases on a
speculative 'no win - no fee' basis
under which the solicitor will be
allowed a 'mark-up' of 100% on his
hourly rate where the action is
successful. Moreover, the Law Society
of England and Wales has recently
announced the introduction of a
system of insurance under which a
solicitor can insure the risk that his
client runs that, if he loses the case, he
will have to pay the costs of the other
side. For a premium of £100,
insurance can be taken out against this
risk. In England, the Law Society sees
it as its function to assist people who,
because of their ineligibility for legal
aid, might not otherwise take civil
actions in appropriate cases because
of fear of incurring heavy legal
expenses.
Like it or not, we believe that personal
injury litigation is a fact of life and is
here to stay. People are much more
Í 'street-wise' than they were 20 or 30
| years ago and are prepared to take
|
action, even in cases of minor injuries,
j
[ where in the past they did not, unless
it was a serious matter. This is
especially so in industry where
employers frequently do not insist on
| adequate safety standards and
j
procedures. The IBEC survey also
| showed that there was a much lower
j
| frequency of claims in firms which
j
Í paid their workers during absence. As
the Law Society has suggested, the
! best response that industry can make
j
is to put its own house in order.
j
j Experience has shown that attention to
j
í safety in the workplace produces
i
results and lessens claims. It is wrong
j to attack the right of people to litigate
| and we think that, if the legal
!
profession does not stand against this '
on their behalf, there is very little
chance that others will.
Í
• !
NORTHERN IRELAND
AGENT
* Legal work undertaken on an agency basis
* All communications to clients through
instructing Solicitors
* Consultants in Dublin if required
Contact:
Seamus Connolly,
Moran and Ryan,
Solicitors
Arran House,
Bank Building.
35 Arran Quay,
Hill Street,
Dublin 7.
Newry, Co. Down.
Tel:(0l) 8725622
Tel: (080693) 65311
Fax: (01)8725404
Fax:(080693)62096
Barfly
By JOHN COLLINS© 1993
TURKS AND CAICOS ISLANDS
AND
THE ISLE OF MAN
Samuel McCleery
Attorney - at - Law and Solicitor of PO Box 127 in
Grand Turk,Turks and Caicos Islands, British West
Indies and at P. O. Box 7, Castletown, Isle of Man
will be pleased to accept instructions generally
from Irish Solicitors in the formation and
administration ol Exempt Turks and Caicos Island
Companies and Non - Resident Isle of Man
Companies as well as Trust Administration
G.T Office:-
Tel: 809 946 2818 Fax: 809 946 2819
I.O.M.Office:-
Tal: 0624 822210 Telex : 628285 Samdan G
Fax: 0624 823799
374