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Joss Saunders

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London Courts Must Remain Open to Fighting Injustice Overseas

Posted: 12/03/2012 23:00

The Abramovich-Berezovsky trial, the most expensive in our legal history, shows London has become the billionaires' legal battleground of choice. The new 31-Court Rolls Building in Fetter Lane is very much open for foreign business and London has successfully marketed itself as the centre for international law. At the same time London's lawyers have a proud commitment to supporting the rule of law and victims of injustice around the world. Yet it seems London's legal copybook is about to be blotted by an unfortunate failure of imagination on the part of the government, double trouble in that it will not save the Exchequer one penny, but will discriminate against victims of injustice from developing countries who look to London for justice.

The victims may have been unwillingly forced from their land to make way for a foreign investor, might be suffering from asbestosis due to prolonged exposure to mining, or from conditions of near slavery in contract factories producing goods for western markets. While such suffering is equally pernicious in Birmingham as in Burma, the victims in developing countries will have less prospects of redress if a current proposal for government legislation is unchanged.

The problem lies in the snappily named Legal Aid, Sentencing and Punishment of Offenders Bill, currently working its way through the Lords. Its aim is to change the way that litigation is funded. One result is that litigation funding through insurance becomes harder as the premiums will no longer be recoverable from the losing party. Another is a cap on what are known as "success fees", which are used to fund some cases. There are complex issues here, and the reforms have been controversial. A special case has rightly been made for success fees in cases of clinical negligence, and on 29 February the government tabled an amendment to retain legal aid "in obstetrics cases which result in severe disability". Conservative and Lib Dem peers have understandably called for further protection for victims of catastrophic injury due to negligence.

In the same spirit, there have been calls (including by Coalition peers) for a special case to protect the victims of catastrophes committed by businesses subject to the jurisdiction of the UK courts, where the victims are in developing countries. The Minister for Justice has stated that human rights cases are not sufficiently different to others to warrant an exception. However, this ignores the crucial fact that since 2007 victims outside the UK, particularly if they are from a poor country, recover far less for the same injury than victims in the UK. Their damages are assessed by reference to the going rate in the third country, not what the courts would award to the victims in Britain. This means that its highly unlikely that victims would be able to find any UK lawyer willing to take on the risk of running such cases which are often very costly due to the resources that well-funded multi-national corporations throw at them.

Such cases are, by their nature, lengthy, complex and therefore expensive; and compensation is invariably low in comparison, However, this will not result in a flood of cases and for the victims, the High Court in London is often their only hope of a remedy. Peers from all major parties, among them eminent legal experts, have argued that the Bill should be amended to exempt overseas human rights cases from the damaging provisions and supported a simple amendment to this effect. The only people who stand to lose by creating such an exception would be those who by definition have been found liable for the abuse. The taxpayer will not be liable.

As their Lordships debate the Bill, and lawyers thank Messrs Abramovich and Berezovsky for their fees, it is not too late for the government to propose a small change in the Bill that would enable the poor person at the gate to have entry as well as the billionaire.

 
The Abramovich-Berezovsky trial, the most expensive in our legal history, shows London has become the billionaires' legal battleground of choice. The new 31-Court Rolls Building in Fetter Lane is very...
The Abramovich-Berezovsky trial, the most expensive in our legal history, shows London has become the billionaires' legal battleground of choice. The new 31-Court Rolls Building in Fetter Lane is very...
 
 
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HUFFPOST SUPER USER
Dombeyandson
08:03 AM on 03/13/2012
It really is about time that equality to justice is ensured - by means testing if necessary. The current proposals to change the Legal Aid "system" is yet again eroding common rights to justice both civil and criminal. Lawyers will always make money at the expense of the rest of us because they are essential to pick our way through whatever law is being contested or upheld;contingency fees must be a way forward to reducing this inequality. This system of rewarding legal fees has been practised in the US for at least 60 years and the losing party pays - as they should; whether this be an individual or corporate body or even an insurance company in matters of employers liability or in defense of third pary obligations for negligence or nuisance. Why should it be that only the wealthy are able to ensure their rights are redressed? Libel is a prime example. The mighty win but the minnow has to lose always. The truth of the matter is that this philosophy extends right across the board to erode any concept of social equality - money and privilege will always win. So Ken Clarke become an innovator for justice equality our taxes pay for it.
01:47 AM on 03/13/2012
I do not quite understand. Am I, a British taxpayer, going to have to pay anything toward this "worthy cause?"
HUFFPOST SUPER USER
Dombeyandson
08:13 AM on 03/13/2012
If you want equality of justice you will no doubt wish to ensure your 18 different taxes are applied to improve social equality and this applies to access to justice which should be available right across all aspects of the law. Of course it must be means tested we wouldn't want the mighty claiming their fees at the expense of the minnows. It is what is called social equality which in today's society is surely a right. Legal Aid is totally unfailry applied and marginalised in its appliance and too much pressure from insurance companies aided and abetted by the "guardians" of access to justice to minimise this equality has to be resisted. Before you say it - your taxes would not be abused by the so called "scroungers" sensing an opportunity for illgotten riches and throwing themselves about to make money from litigation. Genuine wrongs have to be made right