APIL president attacks Lord Justice Jackson's "political" solutions

The new president of APIL, Muiris Lyons, has launched a stinging attack on Lord Justice Jackson's report on civil litigation costs, describing some of his recommendations as 'political, not legal solutions'.

Lyons said: 'Our concern is that what Sir Rupert recommends is not a solution to the costs of litigation, it is a radical rebalancing of the civil justice system away from the needs and interests of the injured person in favour of the compensator.

'A number of the issues Sir Rupert is addressing are not legal issues nor are they costs issues. They are issues that are fundamental to access to justice for our clients. Some of his recommendations are in my view political, not legal solutions.

'Such far ranging changes need more than a discussion about how best to implement them. They need careful consideration as to whether they should be implemented at all.'

Speaking at APIL's annual conference in Newport, Wales, Lyons said members must engage in the discussion on civil litigation costs since their clients had already been threatened with an increase in the small claims limit if they did not engage.

Lyons said the Master of the Rolls, Lord Neuberger, had suggested that if it was not possible for lawyers to reach a consensus on the Jackson report, the solution might be to introduce a no-fault compensation scheme for personal injury claims.

The new president of APIL said the association was 'strongly opposed' to Jackson LJ's plan to abolish the recoverability of success fees and ATE premiums.

He said the report was 'simply the view of one judge' and, if implemented, would have a significant adverse effect on those most seriously injured.

'To soften the blow of abolishing recoverability, Sir Rupert suggested a ten per cent increase in general damages,' Lyons said.

'It is of note that following publication of his report we have seen insurers suggesting such an increase would cost them more than the savings made from abolishing recoverability and would be little more than a windfall for the majority of claimants.

'I don't accept that. APIL's starting point is that damages are too low in any event. We should not forget that over ten years ago the Law Commission concluded general damages were too low and recommended they be increased by up to 50 per cent.

'In our view the Law Commission's recommendations should be given the same weight and consideration as those of Sir Rupert.'

Lyons said the MoJ's new procedure for RTA claims worth up to £10,000, to be launched later this week, did not attract 'universal support' from members.

However, he said it would provide a quicker, more streamlined and cost effective process and would reduce the work that solicitors needed to do.

'You cannot judge the system's value simply by reference to the size of your costs cheque. You may receive less per claim but you will do less work per claim. If you get it right, it should not therefore affect the economic viability or profitability of the work.'