Martyn McLeish on alternatives to the Jackson recommendations

Martyn McLeish

First published in the Solicitors Journal April 2011

Let us not bend with the remover to remove

There are alternatives to Sir Rupert Jackson’s recommendations that have the benefit that they might actually work.

Although Sir Rupert Jackson published his Final Report [“FR’] in December 2009 he continued to conduct research and gather evidence for a year after publication. Some of the fruits of these labours are set out in his response to the Ministry of Justice Consultation Paper. Sir Rupert dealt with his critics robustly: “Throughout 2010 there have been forceful attacks on the FR, both at meetings and in articles, sometimes emanating from those with a vested interest in the present arrangements. However, no rational argument has been put forwards to dissuade me from the FR recommendations.”

Sir Rupert remains unmoved by his detractors. Although his original consultation paper considered some variations on Sir Rupert’s recommendations, the Lord Chancellor has fallen into line, accepting the case for fundamental reform, proposing legislation to abolish the recoverability of success fees and ATE premiums.