ABSTRACT
In this article, we propose a package of reforms that, at no additional cost to the taxpayer (and conceivably a cost saving), would facilitate better, cheaper and quicker access to justice for victims of mass harm – be consumers or sub-postmasters caught up in the Horizon IT scandal or the many other groups who have found themselves waiting in the queue for justice for far too long. This includes how we discourage actions by our institutions that cause large-scale harm, and how when that happens, the damage is remedied at lower cost and with less stress to victims. It also includes how to facilitate greater access to justice in an era where there are significant constraints on public finances, but significant obstacles on private funding of access to justice, not least of which is the Supreme Court’s widely criticised decision in PACCAR. We are conscious of the need to manage the conflicting interests between those using and funding the justice system and the public interest in the administration of justice. However, we also know that in a civil justice system that relies principally on private funding rather than public legal aid, there is a need to provide legal certainty and commercial flexibility to those funding access to justice without which many ordinary people could not obtain any justice.
€ (Westlaw)
Andrew Higgins, Adrian Zuckerman and Ravi Nayer, ‘Facilitating access to justice for victims of mass harm’ (2025) 44 (1) Civil Justice Quarterly 1-16.
Leave a Reply