The post-election horizon

Civil justice reforms are likely to be delayed in the wake of the 8 June General Election, a senior litigation solicitor has predicted.

The Prisons and Courts Bill has already been shelved in the run-up to the election. It contained provisions on the proposed online civil court as well as prison reforms, restrictions to compensation for whiplash injuries and safeguards for domestic abuse victims facing the perpetrator in the family court.

Writing in NLJ this week, consultant editor David Greene, a senior partner at Edwin Coe, predicts that another casualty, in the event of a post-election reshuffle, could be the current Lord Chancellor Liz Truss. During her 10-month tenure, Truss has irked claimant lawyers by proposing whiplash reforms and incurred criticism for failing to robustly defend judges. She also lowered the discount rate—a move praised by lawyers but criticised by many people outside the legal profession.

Should the Conservatives win next month, Greene predicts the continuation of existing plans regarding the extension of fixed fees and the digitisation of process. Therefore, the Prisons and Courts Bill could be revived.

He notes that Lord Justice Jackson is due to report in July on his fixed costs proposals.

‘While he will still report, if his proposals find favour we may expect any implementation is likely to be pushed back somewhat, particularly if they need primary legislation,’ he says.

‘The Briggs reforms were in part included in the Prisons and Courts Bill establishing the online court. These will be delayed certainly by the election. It is always possible that even a Conservative government with a substantial majority and a new Lord Chancellor will want to complete a review of LASPO and possibly other aspects of the civil justice process before making further reforms.’