This process diverts attention away from the real issues around responsibility for actions and has been the biggest reason for society being more litigious and risk averse. I am sure it has also been a factor in increasing insurance premiums, and the administration costs on insurers .
The current regulations around conditional fees have had the effect of allowing para legal structures to be set up offering to seek compensation on a 'no win no fee' basis which encourages frivolous claims to be made on the back of imaginary injuries. This was set up by New Labour as part of the process of reducing public expenditure (i.e. legal aid ) away from public view. If someone has a valid claim, then a good solicitor should be able to take responsibility toadvise whether to proceed or not, without the safety net of aan insurance policy!