Abstract

The government has announced that many of Sir Rupert Jackson's recommendations for reform of costs in civil cases will be implemented. This is extremely welcome news. Any curbing of the excesses of the present system will benefit the NHS and result in money which currently has to be spent on the success fees of claimant lawyers being diverted to patient care, which most people would regard as a better use of taxpayers' funds.
Uncertainties remain, however. What will be the timescale for implementation? What will be the effect of the proposed withdrawal of Legal Aid from clinical negligence cases? This could constitute a denial of access to justice for some claimants. What about the industry of claims farming, whereby claims are sold by intermediaries to the highest bidding solicitors? Abolition of this practice is urgently needed to improve transparency in the claims process and reduce unnecessary legal costs still further.
