INNOCENT MOTORISTS NOW FORCED TO PAY COURT COSTS REGARDLESS OF GUILT

30/11/2009

New regulations will now see motorists having to pay the legal costs for defending their case – even if they’re found not guilty of any offences they’re charged with. That’s the warning from leading road transport lawyer Anton Balkitis, a partner at Nottingham law firm Rothera Dowson.

The announcement comes in light of the Ministry of Justice changing the rules on the recovery of legal costs. The new policy will see successful defendants being acquitted and receiving reimbursement of legal costs only up to the level of legal aid rates, regardless of how much money they have had to pay to prove their innocence.

Mr Balkitis said: “This is a huge issue which has gone largely unreported, therefore allowing unfair legislation to be brought in via the back door. It basically means that the motorist pays once again, in the form of legal costs in this instance, even if they are not convicted.

“It’s a big step away from the principle of English law that the loser pays the winner’s costs, and is just about this government saving money. It’s a fundamental erosion of human rights and yet another attempt to penalise road users. It will inevitably put off innocent drivers from trying to clear their names, and many will plead guilty on the grounds of practicality”.

The new regulations came into effect last month, putting extra pressure on motorists at just the wrong time of year. An e-petition on the Number 10 website campaigning to prevent the law being passed accumulated almost 22,000 signatures, and received the backing of the Conservative party, the AA, and other major organisations. Mr Balkitis hopes that if the Conservative Party win the next election they stick to their promise and review this radical decision.