Public says British justice is becoming more 'Americanised'

The British public believes the justice system is 'moving in the wrong direction' and becoming increasingly 'Americanised', new polling shows.

A poll of 1,200 people, conducted by BritainThinks, found that the public is under the impression there is a growing 'compensation culture' in England and Wales, to the detriment of the justice system.

The research also found the public is twice as likely to see the civil litigation system as moving in the wrong direction than the right direction. Men (45 per cent) were more likely than women (32 per cent) to hold this view.

These views were particularly strongly held by older people, those from higher socio-economic backgrounds, and those with right-leaning politics, with some 89 per cent of Conservative or UKIP voters agreeing with the statement there was a growing compensation culture.

In addition, those who have been involved in a civil case in the past ten years are more likely (52 per cent) than average to believe the justice system is moving in the wrong direction.

The majority of the public (56 per cent) see the civil litigation system as becoming increasingly Americanised, believing other people are too quick to sue for minor reasons or are being encouraged to start legal action.

When asked, the majority of those polled described an increase in the advertising of compensation and legal services in the past three years, including marketing of compensation for missold PPI, and no-win-no fee cases, as reasons for this.

Some 83 per cent of the respondents said that a growing compensation culture was due to 'nobody taking responsibility for their own actions any more'.

Further, 79 per cent said that small businesses and employers were facing a 'growing threat of being sued'.

Meanwhile, 77 per cent suggested there was a 'new breed of ambulance chasing lawyer' and 66 per cent were of the opinion that the legal system in England and Wales has less integrity than it used to.

Third party litigation funding

The opinion research comes as Justice not Profit - a campaign against lawsuit abuse - unveiled a new report on the for-profit litigation funding industry, which is currently self-governed.

Following an investigation into 16 litigation funders active in the UK, the campaign's analysis found that global assets under management are over £1.5bn - up 743 per cent from 2009.

Six years ago, Lord Justice Jackson stated that if the use of third-party litigation funding (TPLF) grew, then a voluntary code of conduct may not be sufficient for industry oversight, and 'full statutory regulation' may be required.

Justice not Profit argues that the majority of the public want to see independent regulation of the TPLF market.

However, Louis Young, the managing director of TPLF Augusta Ventures, said: 'Litigation funding, in our experience, is about enabling access to justice for both individuals and SMEs who would otherwise not have the means to enforce their rights - and 92 per cent of our cases are successful.

'Like any financing business, of course, we look to make a profit out of it too, which is why it makes no sense to support spurious cases. All that would do is end up costing us money. For these individuals and business owners, 80 per cent of something is a lot better than 100 per cent of nothing.'

She added that it was her belief the Justice not Profit agenda was being advanced by a select few groups who find themselves as 'habitual defendants', and fronted by the US Chamber of Commerce.

'They are understandably alarmed that one of the key tactical weapons in their defence arsenal - delay and obfuscation until the other side runs out of funds - is now no longer effective,' said Young.

John van der Luit-Drummond is deputy editor for Solicitors Journal
john.vanderluit@solicitorsjournal.co.uk | @JvdLD