Jackson recommendations "could be against the law" | Bolt Burdon Kemp Jackson recommendations "could be against the law" | Bolt Burdon Kemp

Find your Lawyer

Free call back
Contact us
Round the clock support
Won't shy away from difficult cases
Committed to swiftly progressing claims

Jackson recommendations “could be against the law”

The Ministry of Justice (MoJ) is consulting on recommendations to make personal injury claimants pay some of their legal fees out of their compensation. But, if implemented, leading counsel’s opinion, obtained by the Association of Personal Injury Lawyers suggests that the changes may restrict access to justice for claimants who have suffered serious or catastrophic injury and could be unlawful.

The Government’s proposals may be unlawful because, they could be contrary to Articles 6 and 14 of the European Convention on Human Rights, as disabled people could be denied access to justice because, in Counsel’s opinion, “As presently drafted, they seem to us to place claimants who have suffered the most complex personal injury at a particular disadvantage as regards their prospects of securing adequate legal representation, financial protection from adverse costs consequences, and adequate compensation to permit a return to active daily life.”

The MoJ’s consultation, which follows recommendations made by Lord Justice Jackson in his review of civil litigation costs, is open until February 14.

Jo's Recent Posts

Child Brain Injury
Groundhog Day: Why isn’t the NHS testing mothers for Strep B infection?

In February 2020 I tasked myself with writing about Group B Strep infection in babies for our webpages.  This was prompted mainly by two things. …

By Jo Chapman
Brain Injury
ASICS London 10k run for CBIT

On Sunday 21st July 2019, Melanie Whittaker and I ran the ASICS London 10k in order to fundraise for a charity that we support closely…

By Jo Chapman
Brain Injury
“It’s what you can do that counts” - BBK are proud to support Penniwells Riding…

Bolt Burdon Kemp are the proud sponsors of Coco, a pony at Penniwells Riding school in Elstree.  Coco is no ordinary pony and Penniwells is…

By Jo Chapman

Some of Our Accreditations

See more of our accreditations

We’re here to help you.

Want to talk to one of our experienced lawyers? We can call when it suits you for a no-obligation, strictly confidential chat.

Your browser is out of date. Please update your browser.

This site (and many others) provides a limited experience on unsupported browsers and not all functionality will work correctly or look its best.