header-logo header-logo

The rationing game

24 January 2014 / Neil Hudgell
Issue: 7591 / Categories: Opinion
printer mail-detail
web_hudgell

The Jackson reforms are centred around economics, not justice, says Neil Hudgell

After well over nine months, enough has been said and written about the Jackson reforms but little if any attention has been given to what now seems to be a clear picture of the driving force behind these changes: civil justice for personal injury claimants is to be rationed, based upon the simple value of the claim rather than its substantive merits. The real losers are not just accident victims but all of us as we now have a second rate civil justice system.

Thou shalt not ration justice

Lord Neuberger gave a powerful speech in February 2012, part of a series of pre-Jackson lectures, curiously referred to as the Implementation Programme , where he set out the context of the reforms, citing the terrible blight of exorbitant litigation costs. He said: “Where litigation costs deny effective access to justice, this will in due course undermine belief in, and commitment, to the rule of law, and that results in the undermining of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll