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Has Jackson really been too kind to insurers? Simon Gibbs does the sums

31 May 2011

Lord Justice Jackson’s proposals for civil costs reform, which have largely been accepted by the government, have generated much heated debate. The anti-Jackson claimant lobbying continues unabated. But what of the defendant’s position?

Martyn McLeish, writing in the Solicitors Journal Bar Focus (April 2011), supported the continuation of the current system so far as it relates to cases subject to fixed success fees. McLeish writes: “The underlying philosophy behind the fixed success fee agreements was that they were costs neutral… in this context it is hard to understand the Lord Chancellor’s argument that the current system causes injustice to insurers as they are compelled to settle weak cases that would otherwise fail.”

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