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Some preliminary work was done on this, but, unsurprisingly, there was insufﬁcient data to come to any conclusions. 9 Little of this data is at present available at the level of detail that would be required. Court statistics do not exhibit an adequate or consistent breakdown by type of case . . 10 Data about legal costs is more problematic. There is not much information available about the cost of privately-funded cases, so it would be necessary to start with estimates based on legal aid data.
It was rumoured that there was a note on the bottom of the Treasury approval of it signed by David Mellor . . to Mackay saying, ‘James . . this must stop’. (Litigation insurer)41 The eventual answer was a narrow one, focusing on reforms to the civil procedural system and the cost system, rather than a thorough re-balancing of costs and beneﬁts of the dispute resolution system. 24 Access to Justice This court-based approach was not surprising, as it has deep roots. H. Jacob, the Senior Master (Chief Procedural Judge) and doyen of English civil proceduralists.
The Access to Justice Movement 23 own costs are likely to be, since much depends on the manner in which the other side conducts the case. 39 While legal aid rates were not as high as rates in the commercial sector, for every claimant there was a defendant paid on a private basis. This produced a particular imbalance in legal aid in civil litigation, as a successful non-legally aided party could rarely recover costs. There was then an element (often overstated) of forced settlements to avoid unrecoverable and unpredictable costs.