Implementing Jackson

The greatest myth of the moment is that “Jackson will never happen”. It will and soon. Momentum is the word of the moment. Sir Rupert, who is to oversee the construction of the costs edifice he designed, is a determined man.

The government has accepted the substance of the report and is already looking to cap success fees in defamation at 10%, a proposal independent of the Jackson report, but indicative of acceptance that additional liabilities inflate costs. If (high) success fees are bad in defamation then why should they be tolerated elsewhere? The master of the rolls made it clear on publication day that the research had been done and the next step was implementation, not debate. To whom would one even make submissions?

The Jackson team has dispersed. Having spent a year of his life considering his subject, Sir Rupert is