A change of direction?

Motor Accident Solicitors Society chair Sue Brown considers what the change of government could mean for the rights of motor accident victims

The last few years have certainly reminded us that we must take nothing for granted, particularly in the political world.

Nevertheless, at the time of writing, barring one of the most dramatic reversals in political fortunes in history, UK voters look set to elect a new government. Having consistently led and maintained a commanding lead in the opinion polls since November 2021, Labour will likely be in power by the time you are reading this article.

What, though, might this new administration mean for civil justice and the Motor Accident Solicitors Society’s (MASS) agenda to protect the rights of motor accident victims?

The first point to emphasise is the state of the public finances. Whilst all parties during the campaign were loath to admit it, there will be little or no new money to spend. The respected Institute for Fiscal Studies has long argued that there will have to be further departmental budget cuts to unprotected services. Expenditure will have to be prioritised and, unfortunately, we need to accept that civil justice will not be towards the front of the queue.

In practice, this means that organisations such as MASS and CILEX will have to focus on what is achievable. This will mean new measures or initiatives that will cost government nothing or just a minimal amount.

Secondly, Labour’s policy focus will unashamedly be on criminal justice, with particular emphasis on tackling crime and anti-social behaviour, violence against women and girls, youth crime and police and criminal justice reform. It is also looking likely to inherit a prisoner population crisis which will require urgent attention.

This is not a rejection or failure to acknowledge the many issues in civil justice that need addressing, but a reality when constrained by both finances and the capacity to take on a myriad of issues.

Access to justice

But all is not lost for civil justice. Months before the general election, Labour policy documents highlighted the need to improve access to justice. Some of the broader policy statements around speeding up the justice system, tackling the courts backlog and commissioning a review into the effectiveness of current legislation could have applications for civil justice which would be welcomed by us all.

The Society of Labour Lawyers – with several prominent members likely to have been elected – has argued that the current government has “decimated access to justice, leaving thousands without legal advice and support, and Labour is therefore committed to transforming our justice system and improving access to justice.”.

In a detailed document published last year – Towards a National Legal Service: new visions for access to justice – the society called for the creation of a National Legal Service, the restoration of civil legal aid to that slashed in 2013 by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 as a minimum and modifying the qualified one-way cost shifting rules for personal injury claims.

It is clear that the civil justice sector will have to box clever and be mindful of the priorities of a new justice team, along with the financial limitations they will have to operate under. This is why MASS, and undoubtedly others in the sector, has been developing a post-election series of proposals that are cost-neutral, improve access to justice and protect the rights of motor accident victims.

Many of these are not new. We have been campaigning and calling for them for years.

Greater transparency

As with all membership organisations, MASS is strictly non-political and will work constructively with whomever holds the reins of power. However, it is probably not controversial to say that civil justice has not fared well over recent years and we would welcome a change in direction and approach towards the treatment of claimants and the injured accident victim.

“It is probably not controversial to say that civil justice has not fared well over recent years and we would welcome a change in direction and approach towards the treatment of claimants and the injured accident victim” 

For too long, core principles such as access to justice have been paid lip service rather than seen as essential. Style is also important. We would welcome a new approach towards greater transparency in how policy is formulated and more genuine open consultation rather than closed question publications seeking to tick the stakeholder box rather than genuinely engage.

To conclude, whilst it will clearly be challenging to raise the profile of civil justice and access to justice when a new incoming government is faced with so many other priorities, there will undoubtedly be opportunities as well.

The last few years have been tough for the rights of motor accident victims and those seeking to provide them with legal advice. A change in attitude towards the legal system, access to justice and legal rights is long overdue.

To find out more about MASS visit www.mass.org.uk