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the funding of civil litigation introduced by the Access to Justice Act 1999 which would make it much more difficult than it had been in the past to obtain legal help for negligence actions which had little prospect of success. There was no doubt that the advocate's duty to the court was extremely important in the English justice system. The question was whether removing the immunity would have a significantly adverse effect. If the possibility of being held liable in negligence was calculated to have an adverse effect on the behaviour of advocates in court, one might have expected that to have followed, at least in some degree, from the introduction of wasted costs orders (where a court disallows a lawyer from being able to claim part of a fee for work which is regarded as unnecessary and wasteful). Although the liability of a negligent advocate to a wasted costs order was not the same as a liability to pay general damages, the experience of the wasted costs jurisdiction was the only empirical evidence available in England to test the proposition that such liability would have an adverse effect upon
DOI link for the funding of civil litigation introduced by the Access to Justice Act 1999 which would make it much more difficult than it had been in the past to obtain legal help for negligence actions which had little prospect of success. There was no doubt that the advocate's duty to the court was extremely important in the English justice system. The question was whether removing the immunity would have a significantly adverse effect. If the possibility of being held liable in negligence was calculated to have an adverse effect on the behaviour of advocates in court, one might have expected that to have followed, at least in some degree, from the introduction of wasted costs orders (where a court disallows a lawyer from being able to claim part of a fee for work which is regarded as unnecessary and wasteful). Although the liability of a negligent advocate to a wasted costs order was not the same as a liability to pay general damages, the experience of the wasted costs jurisdiction was the only empirical evidence available in England to test the proposition that such liability would have an adverse effect upon
the funding of civil litigation introduced by the Access to Justice Act 1999 which would make it much more difficult than it had been in the past to obtain legal help for negligence actions which had little prospect of success. There was no doubt that the advocate's duty to the court was extremely important in the English justice system. The question was whether removing the immunity would have a significantly adverse effect. If the possibility of being held liable in negligence was calculated to have an adverse effect on the behaviour of advocates in court, one might have expected that to have followed, at least in some degree, from the introduction of wasted costs orders (where a court disallows a lawyer from being able to claim part of a fee for work which is regarded as unnecessary and wasteful). Although the liability of a negligent advocate to a wasted costs order was not the same as a liability to pay general damages, the experience of the wasted costs jurisdiction was the only empirical evidence available in England to test the proposition that such liability would have an adverse effect upon
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