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Kenneth Clarke Announces Overhaul Of The Civil Justice System

31st March 2011 by: Marvin Simons

After a year of research and consultation Lord Justice Jackson published his review of civil litigation costs on 14 January 2010. Following the Jackson report there has been much speculation as to the uncertainty of the proposed reforms being implemented.  The justice secretary has now announced proposals which are open for public consultation. The proposals aim to create a more effective system of civil justice by making the process faster, cheaper and simpler thereby restoring confidence and proportion in it. He claims that they tackle the UK’s ‘compensation culture’.  They represent the first major overhaul of the civil justice system in 15 years. Mr Clarke said that the current system permitted ‘spiralling legal costs’ and had become ‘out of kilter’. He added, 'at a time when the Government is committed to doing all it can to help businesses to grow and to help ordinary citizens to regard the justice system without fear, I will not allow this to continue.'


Mr Clarke’s plans include:
Solicitors charging Contingency fees with Claimants losing up to 25% of their damages 
Raising the minimum value of cases referred to the High Court to £100,000
Some personal injury and clinical negligence cases of up to £50,000 will be dealt with online
Greater use of mediation to avoid court proceedings
Abolishing the recoverability of success fees and costs in ‘no win no fee’ conditional fee agreements
Raising the value of small claims from £5,000 to £15,000

 

Public consultation of the proposals closes 30 June 2011. What are your views?
For further advice on this or any other related issues please contact Marvin Simons on marvin.simons@seddons.co.uk