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2016-03-28T00:00:00.000Z

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Wrong Claire McIvor?

Dr. Claire McIvor

Senior Lecturer

Birmingham Law School

HQ Phone: +44 1483 451080

Email: c***@***.uk

Birmingham Law School

Central Applications Board PO Box 84,

Guildford, Surrey GU3 1YX

United Kingdom

Company Description

Birmingham Law School, founded in 1928, prides itself on being one of the top law schools in the country. The 2008 Research Assessment Exercise puts Birmingham Law School seventh in the country for world-leading and internationally excellent research. O ... more

Find other employees at this company (113)

Background Information

Employment History

Tort Lawyer
University of Birmingham

Affiliations

Co-Founder
International Association

Advisory Board Member
Open Access Publishing London Ltd

Education

Doctor of Philosophy

University of Durham

LLB
Common and Civil Law
Durham University

Web References (18 Total References)


Pro-VIDE Law | Claire McIvor

www.pro-vide-law.co.uk [cached]

Image | Claire McIvor Pro-VIDE Law | Claire McIvor

Pro-VIDE Law Toggle site navigation
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Claire McIvor
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Claire is a Senior lecturer at Birmingham Law School. Tort law specialist. Main areas of research interest: liability for the acts of others; public authority negligence; probabilistic causation; the use of epidemiological evidence in personal injury litigation. Co-founder of International Association for Law and Epidemiology.


Latest News · Access to Justice Action Group

www.accesstojusticeactiongroup.co.uk [cached]

Dr Claire McIvor, a senior lecturer at Birmingham Law School, argued that by focusing solely on the task of achieving . . . → Read More: Academic report attacks "excessive and over-zealous" Jackson reforms


Claire ...

www.oapublishinglondon.com [cached]

Claire McIvor Birmingham Law School, United Kingdom c.mcivor@bham.ac.uk


Claire McIvor, senior ...

soundoffforjustice.org [cached]

Claire McIvor, senior lecturer at Birmingham Law School, has conducted a report looking at the impact of the Jackson reforms concluding they are 'excessive and over-zealous', reports Legal Futures.

The evidence in Lord Justice Jackson's final report fails to justify the shift in prioritising interest of defendants over the interests of claimants, because it does not show that defendants are currently under-protected or that the behaviour of claimant solicitors is the cause of high costs.
McIvor commented that "To conclude such is not to deny that there may be problems with the existing costs system, nor that defendant interests might currently be under-protected.
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Dr McIvor's report confirms what the government has already been told on countless occasions: it simply hasn't thought through these proposals in enough detail."


Academic report attacks “excessive and over-zealousâ€� Jackson reforms · Access to Justice Action Group

www.accesstojusticeactiongroup.co.uk [cached]

Dr Claire McIvor, a senior lecturer at Birmingham Law School, argued that by focusing solely on the task of achieving proportionate costs "from the narrow perspective" of relating them to the financial value of the claim, the judge's main recommendations "blatantly prioritise the interests of defendants over the interests of claimants".

She said the evidence in Lord Justice Jackson's final report fails to justify this shift because it does not show that defendants are currently under-protected or that the behaviour of claimant solicitors is the cause of high costs.
Dr McIvor - who also contributed to an earlier damning academic report on the reforms - explained: "To conclude such is not to deny that there may be problems with the existing costs system, nor that defendant interests might currently be under-protected. The point being made is simply that any programme of reform which impedes access to justice requires the strongest of justifications, and the Jackson report has fallen far short of providing such justification."
Noting that the judge himself says that 90% of all cases are concluded at proportionate cost, she concluded that at most his report showed that there is a problem with disproportionate costs in a small percentage of cases and that there is "probably some undesirable costs-increasing behaviour on both sides".
Dr McIvor continued: "As such the most appropriate solution would appear to be better case management. Crucially, the evidence does not necessarily demonstrate that the primary source of the current high level of costs is the recoverability of success fees and after-the-event insurance premiums."
She said the biggest concern, however, is that despite having been alerted to these problems "and despite having ascertained that the majority of stakeholders are opposed to the main Jackson recommendations, the government has decided to press ahead regardless with its plans for implementation". The Legal Aid, Sentencing and Punishment of Offenders Bill had its third day of committee in the House of Lords yesterday.
Nigel Muers-Raby, chairman of the Consumer Justice Alliance, welcomed Dr McIvor's report.
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Dr McIvor's report confirms what the government has already been told on countless occasions: it simply hasn't thought through these proposals in enough detail."

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