The Gazette 1993

GAZETTE

DECEMBER 1993

Undermining the right to bring claims — Continued i competitiveness of firms and putting jobs at risk. This is tantamount to

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 • !

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.

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

Like it or not, we believe that personal injury litigation is a fact of life and is

Barfly

By JOHN COLLINS© 1993

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, 35 Arran Quay,

Bank Building.

Hill Street,

Dublin 7.

Newry, Co. Down. Tel: (080693) 65311 Fax:(080693)62096

Tel:(0l) 8725622 Fax: (01)8725404

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

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