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

ISBN-13: 9781137397225 / Angielski / Twarda / 2014 / 190 str.

John Peysner

Opis

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.

Spis treści

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

O autorze

John Peysner is a non-practicing solicitor and Professor of Civil Justice at the University of Lincoln, UK. He is an Honorary Visiting Professor at City University, London. He was formerly at Nottingham Law School where he edited The Litigator and was founding Course Leader of the LLM in Advanced Litigation. He writes and teaches on national and international dispute resolution focusing on costs and financing of cases. He also teaches health law.