Negligent corporations and local authorities will have the scales of justice tipped in their favour if Lord Justice Jackson’s proposals on civil litigation costs are implemented in full, according to the firm involved in the case dubbed the ‘British Erin Brockovich’.

Des Collins, senior partner at Watford firm Collins Solicitors, whose firm secured settlement for the Corby toxic waste claimants, said that conditional fee agreements (CFAs) and after-the-event (ATE) insurance are ‘critical to group litigation being a practical option against negligent corporations or councils.’

Collins will urge new justice secretary Kenneth Clarke to reject Jackson’s proposals to scrap CFAs and ATE insurance. Collins said that, without them, the Corby case would never have reached court.

‘While the existing system isn’t perfect – and arguably something does need to be done to limit excessive costs, for example in defamation claims – these proposals are weighted heavily in favour of defendants,’ Collins said. ‘The balance of the proposals needs to be redressed so that those, the vast majority, who can’t afford to bring cases of this nature to court, can seek legal representation. After all, legal aid is not available for personal injury cases and is very limited for clinical negligence.’

On behalf of 19 claimants, Collins Solicitors secured an out-of-court settlement with Corby Borough Council after the High Court ruled that the council negligently managed a project to remove contaminated land from Corby steelworks. The claimant alleged this had led to birth defects after their mothers were exposed to toxic waste and dust.