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Like the health service reforms, another policy conceived by a B-team minister and allowed to slip past David Cameron due to his "light touch" supervison of policy. This is the sort of policy you get when everything is driven by the Treasury; the bean-counters need as much certainty as possible so any discretion is an anathema. Scrap it and level the playing field by requiring the losing side to pay the other's costs, with a means test for losing defendants. That might encourage the CPS to think a little more before bringing action.