I’m not sure how I feel about a move by the Bermuda Bar Association to ask Government to change to law to allow no win, no fee and success fee arrangements.
On the one hand, it does allow an individual to take action in the courts to seek redress that he or she could not normally afford.
On the other hand, it could also actively encourage lawyers or individuals to take action when there might not be a substantial case to answer. In the story I read, I saw nothing that addressed that issue.
Do we want to open the door to potential gold diggers? I know that in this climate, defending a get rich quick attempt to sue me would put me under. Even if costs were awarded to the other party, it would still put me under enormous pressure.
I’m all for opening the justice system to people other than the rich, but I am also beware of spurious claims and of society becoming more and more litigious. We really do not want to be going down the US route