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24 January 2014 / Neil Hudgell
Issue: 7591 / Categories: Opinion
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The rationing game

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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

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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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