Consultation of Jackson Review raises fears over reforms to legal aid system and civil litigation

The government's decision to consult on the implementation of Lord Justice Jackson’s advised reforms has led ARAG to predict that claimants will end up worse off.

The legal expenses insurer's managing director Tony Buss said: “We believe the measures proposed will encourage avoidable, unnecessary and unmeritorious cases.

"This will encourage defendants not to settle and will lead to a longer, more expensive, combative legal system that will achieve the opposite of what the government is seeking.

"The result will ultimately be the imbalance that puts the victim at a distinct disadvantage”.

The recommendations were set out in January 2010, and the consultation period is due to end on the 14th February 2011.

Buss added: “Through the next round of consultation we will be letting the government know how ATE plays a pivotal role in access to justice and how it can play an even bigger part in the years to come.

"But the recoverability of ATE must remain so that insurers can count on a spread of risk to provide a balanced book of business to keep insurance premiums to a reasonable cost."