Box Legal Logo
Home > After The Event Insurance Blog > Dissenting Voices

ATE Blog

Dissenting Voices

It is funny how some things stay with you, events in your life which help to mould your outlook and attitude.

I used to like maths (still do!). At school we had some brilliant teachers including Mr Mathias who had to be a maths teacher with that name. He used to set us interesting problems not just sums - and would get us all to discuss solutions. I can't remember the problem he set that day but I remember his words afterwards. Someone gave the answer and he asked who agreed with them. All the class put their hands up except me. So he asked me my answer which I gave (which was different). He then said, that you had to be very sure about something when going against an overwhelming majority as more often than not, the majority will collectively have the right answer.

So lets look at Lord Jackson. He appears to be becoming a lone voice in the reform debate and is obviously so concerned that he has produced his own comments to the consultation in an attempt to head off the criticisms now coming at him from all angles. Defendants don't want one way costs shifting and nor does APIL or MASS, charities, or claimant solicitors. His attitude is that is he right and that exceptions can be ignored.

He was recently involved in the case of the Scout Association v Barnes in the Court of Appeal. He thought that there was nothing wrong in scouts running around in darkness playing a game but the two other senior Judges disagreed and said that the game wasn't enhanced by turning the lights off but was just made more dangerous. It seems Lord Jackson's peers also don't hold the same opinion with regard to claims as he does.

It seems that there momentum has been established to change the system but we must fight against this lone voice otherwise he will persuade the Goverment to use a system which will be the wrong solution.

.... and the maths question - was I right?

No I wasn't.

Box Legal Limited: After the Event Insurance Providers
  | | 0870 766 9997

We use cookies to improve your experience of our website. Click here to read more.