TONY BLAIR'S campaign to rid Britain of a so-called "compensation culture" could mean fewer people standing up for their rights, according to a leading York lawyer.

The Prime Minister told an audience at University College London last week that an over-the-top fear of risk was in danger of stifling the country in unnecessary red tape.

He said: "Something is seriously awry when teachers feel unable to take children on school trips for fear of being sued."

Mr Blair outlined a new Bill to clarify common law on negligence, making it clear there is no liability for "untoward incidents that could not be avoided by taking reasonable care or exercising reasonable skill".

But York lawyer Jonathan Mortimer, head of commercial litigation at Langleys, said he feared tighter controls in the law would put off people with legitimate claims from trying to win back cash.

He said: "I think he's wrong to say we have a compensation culture - but it's right to say we do have an appearance of a compensation culture. I don't believe that we're anything like America - they're certainly more prepared to go to litigation there than they are here.

"I think people are still very reluctant to go to court or pursue claims. There is still a lot to be done to remove obstacles to make access to justice easier for people so they can pursue legitimate claims."

Mr Mortimer said he believed the existing law already contained adequate tests to weed out poor claims, and should not be regulated further.

Instead, he argued that more funding such as legal aid should be made available to help with claims for compensation which cost them thousands in legal fees.

But he agreed with the Prime Minister that tighter regulation should be placed on "claims farmers"- legal firms who aggressively promote themselves to accident victims - also promised as part of the new Bill.

Mr Blair said: "Many claims farmers indulge in high-pressure selling and aggressive marketing including approaching vulnerable people in public places, such as hospitals.

"Many consumers have been misled into making claims where their cases are weak."

Mr Mortimer said: "They (claims farmers) have been given a little bit too much freedom - they probably do need some more regulation."

Updated: 09:36 Monday, May 30, 2005