Economic Growth and Social Equity Mean Jackson Reforms are vital to the National Interest
15 January 2010
The wide-ranging review of the cost of accessing the civil justice system must be an economic and social priority of any incoming government, the Bar Council said today.
Responding to Lord Justice Jackson's landmark review of the system, the professional body for barristers said that both economic recovery and ensuring a fair society were important goals that would be underpinned by the proposed reforms.
The Jackson report is made to the Master of the Rolls, but its wide-ranging recommendations will require the support of the Ministry of Justice to bring about the implementation of Lord Justice Jackson’s recommendations.
The Bar Council has argued for simplification in the Civil Procedure Rules governing the operation of the courts. It has also sought improvements in the disclosure process, the use of experts and access to specialist judges able to focus on certain cases. Much of the Bar's case is supported in the Jackson recommendations.
Michael Todd QC, who has led the Bar Council's response to the Jackson review, said today:
"Lord Justice Jackson's report is a landmark document, and should be accorded the status of Lord Woolf's report of the mid-1990s.
"The Woolf reforms did not achieve everything that was hoped for them. Costs in civil cases have risen inexorably, and disproportionately, over the past 15 years and therefore need to be contained.
"An accessible civil justice system is essential to underpin economic activity, and to promote social justice and equity. Lord Justice Jackson's proposals will help in securing those goals."
One key area is the reform of Conditional Fee Agreements, with Lord Justice Jackson floating the prospect of a 25% cap on the uplift lawyers can charge if a case is successful. The possibility of costs no longer following the event is also raised.
Michael Todd QC said:
"Concerns have been expressed about CFAs but we must not throw the baby out with the bathwater. CFAs can promote, and in the past, in the absence of viable alternatives, have promoted, access to justice, but they must not be allowed to bring the system into disrepute. Consideration should properly be given to limits on fee uplifts, if that will achieve a better balance between access to justice for deserving claimants, and the net cost to the taxpayer.
"Equally, if CFAs are to play a lesser role, or be otherwise reformed, alternatives, such as the proposal from Guy Mansfield QC for Contingent Legal Aid Funds, need to be considered."
Ends
Notes to Editors
1. Further information from the Bar Council Press Office on 020 7222 2525.
2. The General Council of the Bar is the Approved Regulator of the Bar of England and Wales. It discharges its regulatory functions through the independent Bar Standards Board. It represents the Bar by:
- Promoting the specialist advocacy and advisory services of barristers;
- Ensuring access to justice on terms that are fair both to the public and practitioners;
- Promoting the high quality training and professional development of all barristers to ensure the highest standards of practice and ethical behaviour;
- Working for the efficient and cost-effective administration of justice;
- Encouraging access to, and diversity within, the profession so that it is open to all people of ability whatever their background;
- and Strengthening and developing the work and the values of the Bar at home and abroad.
