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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Access to Justice: A Critical Analysis of Recoverable Conditional Fees and No Win No Fee Funding

ISBN13: 9781137397225
Published: December 2014
Publisher: Palgrave Macmillan
Country of Publication: UK
Format: Hardback
Price: £71.00

Despatched in 6 to 8 days.

Access to Justice addresses a remarkable experiment in the funding of money damage claims - largely personal injury claims - which began in 2000 and which the Government effectively abolished in 2013.

The model - recoverable conditional fees - adopted by the incoming New Labour administration was unique and, for reasons that the book explains, it has remained so.

This book is based on a review of published material, the author's own view as a 'participant' in the process and anonymised semi structured interviews with other participants, from Government; claimant and defendant lawyers and litigation insurers. It covers the development, subsequent amendment and effective abolition of the model.

It examines the process of policy development, the motivation and objectives of the policy makers and the reactions of the parties attempting to grapple with the new system. It asks whether a development process incorporating a range of models addressing the evidence base might have produced a better result: a workable policy based on the core of Government objectives or, possibly, an entirely different model.

Courts and Procedure
1. Introduction
2. The Development of Funding
3. The Theoretical Context
4. The Access to Justice Movement
5. Legal Aid, Conditional Fees and Labour
6. The Policy Process: Replacing Legal Aid by Recoverability
7. Where Did the Recoverability Policy Come From?
8. Economic Psychological Insights into the Process of Claiming and Agreeing Damages and Costs
9. The Cost War and its Casualties: Frogs and Temperature
10. Could it Have Been Different? An Alternative Evidence-Based Approach
11. A Suggested Approach
12. The Future of Funding: Jackson
13. Conclusion: Evidence-Based Policy and Civil Justice Reform