Rage Against The Machine

Lord Justice Jackson’s civil litigation cost’s review makes interesting reading. His foreword reads:
 
“In some areas of civil litigation costs are disproportionate and impede access to justice (my emphasis).  I therefore propose a coherent package of interlocking reforms designed to control costs and promote access to justice (my emphasis again.)”

The assertion that the current system impedes access to justice is dubiously argued at best in the report but let us leave that debate for another day, and instead concentrate on how Lord Justice Jackson’s proposals will make access to justice better for an injured victim.

Quite how, for example, access to justice is promoted by a proposal to make the injured victim pay a success fee which, under the current regime is paid by the insurer, is beyond me.

I will bet that insurers are rubbing their hands with glee at Lord Justice Jackson’s recommendations. It is a struggle to find anything in the report to which insurers would object. Perhaps the 10% increase in general damages but then again 10% is small beer when set against decades of pathetically low general damages. History has shown that inflation rapidly overtakes the few instances of past increases in damages, even if you leave out the fact that the Claimant never sees any benefit from the proposed 10% increase because he must use it to help pay his own success fee.

Even the proposed “qualified one way costs shifting” won’t help a Claimant with his own disbursements – medical and other expert reports usually cost hundreds and in some cases accumulate to thousands of pounds.

Listen carefully in the City – you will hear the sound of Champagne corks popping in the Lloyds Building but beware, it was the man in the street who rebelled and pushed “Killing In The Name” to the Christmas number one spot – we don’t like being taken for fools! 

I predict that 2010 will be a year of lobbying, indirect and perhaps even direct action on behalf of Claimants and Claimant representatives to try and introduce a little balance to these proposals.

For further information about personal injury claims contact Neille Ryan, Partner.