The Law Society has joined forces with two claimant lawyer groups to offer a compromise on civil litigation reforms.

The Society, which has campaigned against the government’s changes, has agreed new proposals with the Association of Personal Injury Lawyers (APIL) and the Motor Accident Solicitors Association (MASS), which involve:

  • Fixed and limited claimant lawyer success fees at a lower level, recoverable from the losing defendant;
  • Claimants to fund their own after-the-event insurance premiums, either up front or from their damages;
  • A workable method of qualified one-way costs shifting to ensure claimants can take on cases; and
  • Putting into legislation the automatic 10% uplift in damages proposed in the Jackson reforms.
Desmond Hudson, chief executive of the Law Society, said while the Society remains opposed to reforms included in part 2 of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill, it also recognises that the government is determined to review the system.

‘We have joined forces with APIL and MASS to present to the government an alternative set of proposals which address their concerns but which will cause less damage to the interests of justice,’ he added.

APIL told its members earlier this month that it had worked on a compromise plan.

The group’s president David Bott admitted it is not the ‘ideal solution’, but said the claimant community had ‘worked hard to formulate a compromise which is balanced enough to suit all parties’.

The proposals are backed by two charities that support injured people: Action against Medical Accidents (AvMA) and the Spinal Injuries Association.

A spokesman for AvMA said: ‘We expect there to be widespread support from peers of all parties when this is voted on in the Lords.’