There were significant developments at both ends of the litigation spectrum last week. The three-week delay in launching the new road traffic claims process might not seem much, but it gives law firms some breathing space to get to grips with the reams of new rules (the simpler the system, the more detailed the rules need to be, says the Ministry of Justice) and the technology that underpins the system. However, it is still less than two months away, so there is no time at all for firms to waste.
Meanwhile, third-party litigation funders – who by contrast are interested in big-ticket commercial disputes – came together to progress a voluntary code of conduct for their sector. The forum, hosted by the Civil Justice Council (CJC), highlighted clear reluctance among some funders to bother with any of this, but it seems a small price to pay to receive the blessing of Lord Justice Jackson and the courts for what they do.
When the CJC first identified third-party funding as another way to back litigation, it had in mind group actions, where funding is badly needed, rather than business disputes, where in some cases the claimant company can afford to litigate but chooses to lay off the risk. The sector’s credibility as a method of achieving access to justice – which is how this work started – would be enhanced considerably if it were more prepared to take on group actions.
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