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The Justice select committee are absolutely right.

The MoJ have failed to make a case for what they are seeking. They may still get it but at least their railroading process is subject to some level of accountability.

Lord Keen was taken to task regarding fraud numbers. Presumably he took the view that he didn’t need statistics to prove his point. Well he was wrong and inexcusably ill-equipped.

The head shaking and eye-rolling by the MoJ could have been avoided if they attended with evidence to support their position.

Here are the issues in a nutshell :

1. The compensation culture : Lord Young in his Government commissioned report clearly stated that one did not exist. The ABI still maintain the contrary albeit they don’t have any evidence to support their position.

2. Fraud : The MoJ do not know how many fraudulent claims there are but maintain that there are “very many”.

A pattern of “lack of evidence” is emerging.

Instead of debate, the ABI try to win their case by smearing the opposing case. They will say that Claimants solicitors are only interested in their earnings (and now use the hashtag “#accesstoearnings” to emphasise their point).

Reality : Claimants solicitors are indeed interested in their earnings and those of their staff (and hopefully their service providers and their staff) – they are entitled to be. However, they are also genuinely concerned about access to justice. Most lawyers studied law because of a desire to preserve or even bring about and / or contribute toward the development of access to justice. It is a fundamental right and the Government have a duty to fiercely guard it and not throw it away or dilute it at the behest of the ABI or anyone else.

The other message which the ABI seek to convey to the world is that fraud is out of hand and that there is reluctance on the part of the Claimant lawyers to do anything about it.

Reality : Claimant’s solicitors do not have any control over fraud but would like to see it extinguished. They are in favour of solutions however, the proposed reforms are not any kind of solution.

In essence, the JSC have seen right through the MoJ/ABI smoke and the mirrors and that has to be a good thing.