I'm not sure why they didn't come out with this before the Ministry of Justice announced the planned reforms but anyway, at last people are agreeing with what we have been saying all along. The Jackson reforms are a sledgehammer to crack a nut and will result in tonnes of satellite litigation for the courts just at a time when all of the challenges have been dealt with.
Master Campbell, Master Haworth and Master Leonard - all Senior High Court costs Masters - have written a long report analysing the proposed changes. Whilst they agree with some of them, they disagree with most and, it has to be said, they are at the coal face so know the issues more than anyone else. If they don't like them, the Government has to take notice. If the Ministry of Justice tries to push them through and ride roughshod over these opinions then I can see trouble ahead.
I won't go into detail here as their comments have been set out nicely here [ http://claimscouncil.org/news/publications ] but as far as After the Event Insurance is concerned, they think it should stay, it should be recoverable from the Defendant but it should be capped to avoid huge premiums being bought last minute by solicitors. Which is is exactly what we said should happen....
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