header-logo header-logo

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

The rationing game

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll