Dominic Regan spills the beans on Jackson implementation (& beyond)
The 1st of October 2012 happens to fall on a Monday. Serendipity. This is now the official target date for implementation of the Jackson reform package. Nothing is certain and indeed at the very last moment the much more modest road traffic accident portal regime was postponed by 24 days to allow for fine-tuning in April last year. However, the government is desperate for reform and will do all it can to meet the deadline it has set itself.
Those apparent gaps in the legislation are to be filled by amendments to the Bill so one-way costs shifting is coming. Clause 51 of the Legal Aid Bill empowers the rules committee to bring about drastic changes to my beloved Pt 36, including the 10% damages uplift for a claimant who has been successful lat trial. Sir Rupert Jackson has announced that the troublesome Carver decision will be reversed by Rules of Court to be implemented
