We are working our way through it but one obvious poser - if you turn to the back, there is a nice little graph showing how the majority of claimants will be better off (taking into account more damages less success fees etc). Lord Jackson's starting point for his report is that the balance for claims is currently tipped unfairly towards the claimants and the poor old PLC insurance companies are being treated unfairly. So answer me this:
If Jackson is proposing one way costs shifting so claimants won't face any costs risk (the MoJ have said this will increase the number of claims made) AND claimants are going to be on average better off (see the graph), how does that make things more fair on the defendants? I can't work it out. Can anyone help me?
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