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Why is Jackson sitting in judgment on his own reforms

Seamus Smyth considers Lord Dyson's recent announcement of the nominated five judge panel of the Court of Appeal to hear costs appeals

11 July 2013

The Master of the Rolls, Lord Dyson recently announced the members of the Court of Appeal he has designated for the purposes of hearing appeals to the Court of Appeal arising from the Jackson Review reforms.

The judges will be himself, Lord Justice Stephen Richards (Deputy Head of Civil Justice) and Lord Justices Jackson, Davis and Lewison. The choice of Sir Rupert Jackson as one of the proposed judges raises the question of whether he should be judge in reforms that were of his own inspiration and review.

Any criticism of the appointment of a judge inevitably implies criticism of the judge himself. That is not intended here. Sir Rupert was given a task which was at least Herculean - some would say impossible - in attempting to reconcile the interests of the obviously competing litigation professionals and their obviously competing clients. He is to be commended on the way in which he managed the process, in particular in genuinely consulting all interested parties, ...

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