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25 November 2010 / David Greene
Issue: 7443 / Categories: Opinion
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The administrative and political classes appear to turn their attention to civil justice every 10 years...

Woolf & Jackson: a case of history repeating? David Greene reports

The administrative and political classes appear to turn their attention to civil justice every 10 years. A view hardly borne of extensive history (unless a legal historian tells me otherwise) save that in 1988 we had the Civil Justice Review, 10 years ago the Woolf reforms, and now the Jackson reforms gaining political traction.

A comparison between Woolf and Jackson raises some interesting similarities but also one vital difference. Both were authored by committed reformers. Both address one of the central tenets of democracy; access to justice. Both highlight the costs of litigation as a barrier to that access. In both cases civil justice reform and consequent primary legislation has scaled the political agenda when Treasury influence has sought to reduce spending on civil legal aid. This is not to suggest that either report did not deserve a place on the agenda in any event but civil justice, while forming the centre of professional life for lawyers

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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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