An interesting piece in The LawSociety Gazette examines the results obtained by various personal injury law firms who have represented miners and their families under the government schemes for compensating victims of chronic obstructive pulmonary disease (COPD) and vibration white finger (VWF). It is reported that the the two schemes collectively amount to the biggest compensation scheme in the world.
The firms who handled the bulk (but by no means all) of the cases under the scheme have been ranked by the average amount of compensation achieved per case under the two schemes. There is a marked difference between the figures achieved by say Thompsons who ranked 1st for COPD and 2nd for VWF and the firms at the bottom of the table although there could be any number of reasons for that. David Anderson MP certainly wants to understand those reasons better and it appears further research will take place:
Given the nature of his constituency, Anderson can hardly be faulted for voicing his concerns and trying to get to the bottom of what explains these – on the face of it glaring – anomalies. To his credit he accepts there may be perfectly valid explanations unrelated to service levels; the sheer complexity and deeply flawed nature of the schemes themselves surely explains much. Certainly, many of those firms that handled most claims, all of whom were asked to comment on the concerns raised by Anderson, are adamant that they acted in clients’ best interests (see box).
What is clear is that the DECC holds enough data to launch a fully fledged inquiry into the compensation awards. Whether the government will do so surely depends on the preliminary investigation Kidney has set in train.
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This is a really interesting post. It will be fascinating to see if the predicted research does take place. Work that I was involved in at various points in the 90s looked at legal aid outcomes including personal injury cases. There were wide disparaties and interestingly strong regional effects (notably north south divides – which may have been socio-economic or caused by regional cultures or a bit of both).
Can you tell me if I should claim personally from Beresfords Solicitors who paid £1,000 for my late father’s COPD claim?
David, thank you for your comment. Unfortunately I do not provide legal advice on this site. You should get advice on this question from a solicitor. You can try the Law Society or the Association of Personal Injury Lawyers to find an appropriate firm.