Houndmills, Basingstoke, Hampshire ; New York, NY : Palgrave Macmillan, 2014.
Book — vi, 190 pages ; 23 cm
The development of funding
The theoretical context
The access to justice movement
Legal aid, conditional fees and labour
The policy process : replacing legal aid by recoverability
Where did the recoverability policy come from?
Economic psychological insights into the process of claiming and agreeing damages and costs
The cost war and its casualties : frogs and temperature
Could it have been different? : an alternative evidence-based approach
A suggested approach - The future of funding : Jackson
Conclusion.: Evidence-based policy and civil justice reform.
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. (source: Nielsen Book Data)