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