Dominic Regan explains why Jackson is unstoppable
Can anything stop the implementation of Jackson? Concern is palpable. There is one way in which I think the most profound reform, the ending of the recoverability of additional liabilities, might yet be derailed.
It has to be said at the outset that big reforms are certain. Contingency fees will, I guarantee, be permitted. Fixed costs will be introduced into issued fast-track work. Contrary to popular perception, this will not be confined to injury work which only represents five per cent of litigation work. It is intended to have a much wider impact.
Active case management
The costs pilot being run in Birmingham, applicable to mercantile and construction cases is to be extended in October to all such courts around the country. Judges this month have started to receive training on this vital topic. I believe that we will soon see the pilot extended to the Chancery Division and ultimately it will apply to every multi-track action, regardless of subject-matter. Fast-track will be self-regulating with fixed costs in place.
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