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Jackson review reviewed

We note that the Report does separate issues around the use of ATE insurance in relation to personal injury cases as against other areas of civil and commercial litigation (referred to in the Report as 'commercial cases'), which is a good thing. However, the point is that these issues do not sit in isolation: a key is to understand their interraction with third party funding. From the conversations we have had to date with LJ Jackson and his committee, we know that they do recognise that much of the recent innovations in litigation funding, and thus access to justice, have come from the ATE corner of the market. And there is much much more to come - even more comprehensive funding methodoloies that will take to another level entirely the current models that the marketplace is only now starting to become familiar with. These innovations will rely on exactly the kind of interraction between ATE insurance and third party funding referred to above and this is why it is critical that this is fully addressed during the consultation period.

13-May-2009

3:38 pm