header-logo header-logo

11 March 2010 / Andrew Parker
Issue: 7408 / Categories: Opinion , Costs
printer mail-detail

Access all areas

Public, not vested, interests lie at the heart of Jackson LJ’s final report,says Andrew Parker

It is clear from Sir Rupert Jackson’s final report that access to justice has been at the forefront of his mind when reshaping the litigation landscape. The balance is that access must be both for claimants with valid claims and for defendants with valid defences. That is the public interest focus that lies at the heart of the whole report, cutting through the many pleas of vested interests.

Thus the decision to recommend that recovery of success fees and after the event (ATE) insurance premiums should cease to be recoverable is taken in the full knowledge that there must be some acceptable alternative (NLJ, 26 February 2010, p 294) Sir Rupert has settled on “qualified one-way costs shifting”, which would ensure protection for the vast majority of claimants who currently use ATE from any exposure to opponents’ costs, save where the claimant fails to beat a defendant’s Pt 36 offer.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll