Dominic Regan dissects a turgid Bill to discover the essence of Jackson
By the time that you read this the Legal Aid, Sentencing and Punishment of Offenders Bill will already have had its second reading in the House of Commons. The indecent haste is explained by money. As a perpetual defendant in all sorts of costs bearing claims, the state will find itself better off as a result of changing the costs rules. The ponderous title gives no clue to the profound changes to civil procedure contained within.
The essence of Jackson is found in cl 41 to 44 with Pt 36 reform lurking under
cl 51. What precisely is coming?
Clause 41 ends the recoverability of success fees and places a cap on the amount the legal representative can recoup from the damages recovered from his own client, who now becomes liable to pay the uplift. The measure will also limit the categories of damages from which the deduction can be made. Sir Rupert
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