Working party appointed to implement Jackson reforms
19 August 2011 | By Katy Dowell
18 February 2013
25 March 2013
5 November 2013
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A City lawyer, a trade union lawyer and an insurance claims manager have all been appointed to the Civil Justice Council’s working party on the implementation of Lord Justice Jackson’s civil justice reforms.
The group was set up to examine practical ways of implementing the Jackson reforms, which will overhaul how litigation can be funded. The appellate court judge was appointed by the former Master of the Rolls Sir Anthony Clarke in 2008 to conduct a year-long review of how to tackle spiralling litigation costs (10 November 2008).
Jackson LJ made a series of recommendations that will effectively overhaul how litigation for small and medium claims operates (18 January 2010). Among his proposals, which were later endorsed by the Ministry of Justice (29 March 2011), were plans to reforms the conditional fee agreement (CFA) market to scrap recoverable success fees and bring about the introduction of a contingency fee market.
Berrymans Lace Mawer head of policy development Alistair Kinley was appointed as chair of the CJC committee earlier this month (5 August 2011). A former head of policy development for the Association of British Insurers, Kinley’s appointment was met with surprise in the claimant market.
He will chair a group of 17 lawyers from a range of backgrounds. They are:
Coleman Tilley partner Janet Tilley
As managing partner of Coleman Tilley, Tilley has overall responsibility for the firm’s national personal injury practice alongside the claimant insurance sector.
USDAW legal advisor John Usher
A trade union legal consultant and lecturer in labour law at Birkbeck College. Previously he was a legal officer at ASLEF when a case was brought against the UK in relation to trade union freedom to expel a member of the British National Party. Until 2000 he was a partner at trade union law firm Thompsons.
Legal Services Commission former head of funding Colin Stutt
A barrister formerly employed as head of funding at the Legal Services Commission (formerly the Legal Aid Board). He was called to the bar in 1985 and had a general common law practice at the chambers of Ben Hytner QC, now 42 Bedford Row, before joining the head office of the Legal Aid Board in 1991.
Hugh James partner Mark Harvey
Head of the Cardiff-headquartered firm’s claimant division. He has been involved with a number of high-profile personal injury matters including the Zeebrugge ferry disaster and P&O Lifeboat accident in Cherbourg.
4 New Square’s Nick Bacon QC
Called to the bar in 1992, Bacon, a costs specialist, took silk in 2010. He has a superior knowledge of how the CFA mechanism work having appeared in several disputes over them in the courts.
Bott & Co named partner David Bott
As head of the Association of Personal Injury Lawyers, Bott will be representing all claimant lawyers at the CJC working party.
Keoghs partner Don Clarke
Vice president of the Forum of Insurance Lawyers, Clarke will be a valuable representative of the defendant insurance community. Keogh’s director of strategy has specialised in defendant personal injury litigation since 1987.
Thompsons partner Judith Gledhill
Head of personal injury at the trade union firm, Gledhill is responsible for a practice that handles thousands of volume claims every year.
McGuireWoods partner Hardeep Nahal
International commercial litigator at both High Court and appellate level, Nahal’s practice focuses in particular on commercial contract disputes and professional negligence.
Hogan Lovells partner Graham Huntley
Huntley has been a partner at Hogan Lovells since 1993. He focuses on disputes involving banks and other financial institutions and large corporates active in the financial markets.
Norfolk County Council principal risk officer Mandy Knowlton- Rayner
As principal risk officer at Norfolk County Council risk office, Knowlton will represent the views of local authorities, which pay out thousands in lost claims revenue every year.
Tesco lawyer Kay Majid
A former Linklaters solicitor, Majid is currently senior counsel to Tesco, with a practice focused on litigation, intellectual property and data protection. She joined Tesco in 2008 from Royal Bank of Scotland.
DAS general counsel Kathryn Mortimer
Mortimer was appointed in 2006 to help drive through DAS’s transformation into an alternative business structure. The legal expenses insurer will be affected by Jackson’s plans to scrap recoverability of after-the-event premiums and will represent the market at the working party.
QBE European Operations underwriting manager Rocco Pirozzolo
Barrister Pirozzolo is the legal expenses underwriting manager at QBE. He has worked in the ATE insurance market since early 2000 and been involved in cases such as Callery v Gray (2001).
Birmingham City Council lawyer Hilary Homfray
A litigator with detailed knowledge of the Jackson reforms.
Aviva senior solicitor Howard Grand
The Jackson reforms will have huge implications for the insurance industry. Aviva is known for leading the way in the market and Grand has been around the country with the Law Society explaining the implications of the reforms.
AXA’s David Fisher
Catastrophic and injury claims technical manager at AXA Insurance, Fisher has been working in catastrophic claims since 1983. He is responsible for coordinating the insurers’ responses to MoJ consultations on claims reform.