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Alternatives to Jackson: the example of before-the-event insurance

Lewis, Richard Kurt Oliphant, Ken, Bagshaw, Roderick, Brodie, Douglas, Ewing, Keith, Fulbrook, Julian, Howarth, David, Lewis, Richard, McIvor, Caire, Morris, Annette, Murphy, John and Williams, Kevin, eds. 2011. Alternatives to Jackson: the example of before-the-event insurance. [Online]. Institute for European Tort Law.

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This article looks at particular recommendations of Lord Justice Jackson in his recent review of the costs of civil litigation. The review proposes to make radical changes in a complex package of measures which, if they were introduced, would be even more significant than those procedural reforms set in train by Lord Woolf thirteen years earlier. The review has already generated much discussion in the legal profession, but it has escaped the attention of academic law journals. Here the focus is upon one particular topic considered in the report: the potential use of before-the-event insurance (BTE). This is used to make wider points about the problems the report identifies and the solutions it proposes. The effect of reforming this particular means of obtaining legal representation could have wide repercussions upon litigation. Whether extending BTE would lead to an increase in access to justice is a question which has divided practitioners; whether changing BTE could provide a more workable solution than some of those put forward by Jackson may provoke a more favourable response. The argument here is that more attention should be paid to this area than has previously been the case: it may hold the key to access to justice for many potential litigants.

Item Type: Website Content
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Uncontrolled Keywords: Tort, Personal Injury Claims, Access to Justice, Before the Event Insurance, BTE
Additional Information: Report from Working Group on civil litigation costs chaired by Ken Oliphant
Publisher: Institute for European Tort Law
Last Modified: 04 Mar 2019 15:09

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