The Law Society today warned against piecemeal implementation of Lord Justice Jackson’s proposals on civil litigation costs, telling the government that this could be ‘very damaging’ to access to justice. Jackson himself has said that his reforms will not succeed unless they are implemented as a whole.

Publishing Chancery Lane’s formal response to Jackson, president Linda Lee said the Society shares his views about the costs of the system. But she added: ‘We believe that many of the recommendations require careful scrutiny and significant impact assessments before being implemented. The best way to address this is to streamline some court processes, while ensuring people still have access to civil remedies.’

The Society’s principal responses to the report are:

  • Proportionality is an important objective but it must not override the need to ensure that people are able to pursue legitimate redress;
  • Proposals to abolish recoverability of success fees and after-the-event premiums are likely to significantly reduce access to justice;
  • the proposed qualified one way costs shifting rule may result in satellite litigation and a further disincentive to bring claims.

Chancery Lane also stressed that it remains committed to the principle that injured claimants receive 100% of their claim.

Lee said: ‘Some people cannot afford the costs of litigation or are afraid of the risk of liability for opponent’s costs in respect of failure – we need to ensure that those people still have full access to justice.

‘More work must be undertaken to research the likely outcomes of a streamlined process and any changes should be properly piloted.

‘Individuals have a right to seek the redress of grievances or to be able to right wrongs through an impartial and independent legal system. People need competent, independent advice on the issues affecting them and strong representation in court – in this time of economic uncertainty, this has never been more important.

‘In a just society anyone harmed by the negligence of others should be entitled to compensation. An unthinking implementation of Jackson’s proposals could be very damaging to access to justice in this country.’

The full response will be available to download at theLaw Society website on Thursday 14 October.