High Court rejects appeal of solicitors struck off the Roll
The BBC reported last week on the failed appeal of the two solicitors who were struck off the Roll of Solicitors last year in connection with their handling of miners’ compensation claims. I have written before about miners compensation claims and the league tables showing the relative performance of solicitors. I mention it again because of the knock-on effect this case appears to have.
The Gazette reported last week that some MPs want to exclude solicitors from any proposed new scheme to compensate workers for asbestos related pleural plaques. Jim Sheridan MP for Paisley and Refrewshire North is reported as saying
We don’t want lawyers making a business out of other people’s misfortune.
Unfortunately because of the scandal over the miners’ scheme one can understand this sentiment. On the other hand competent and professional personal injury solicitors have been helping injured workers recover compensation under various government schemes for decades. These schemes are never straightforward and it does not seem right to refuse an injured person access to professional advice and assistance. Although I am no expert on the Human Rights Act I imagine a serious challenge could be made if this recommendation is approved.
There is a role for mediators in these public policy discussions which has not been fulfilled before. Mediators can help move parties beyond the type of forthright position expressed by the Mr Sheridan MP. His stance is that he does not want solicitors involved. However his (admirable) interest is probably to protect the public purse from abuse by unscrupulous practitioners to ensure that as much as the funds available can be spent on compensation rather than costs. The involvement of solicitors in the scheme is not incompatible with meeting this interest but the discussion has to be more sophisticated than we have managed in the past.
What do you think? Should lawyers be excluded? If so who will ensure claimants are properly compensated? Add a comment below.
