Jackson report counts the cost

Lord Justice Jackson launched his preliminary report into the cost of civil litigation at a press conference last Friday.

The 650-page report is the culmination of four months of research, and covers how civil litigation is—or could be funded—legal aid, before and after-the-event insurance, third party funding, conditional fee agreements, and contingency fees.

The report looks at the present regime of fixed costs, as well as ways to control the costs of litigation, such as case management, cost capping, and recoverability of success fees.

Peter Clough, head of disputes at Osborne Clark, says: “Lord Justice Jackson and his team have taken on a huge task in his root-and-branch review of civil litigation costs. It’s a very ambitious project on a complex set of issues. Although this preliminary report gives little away about his current thinking, it highlights the areas upon which he would like comments during the consultation.

“One area of concern expressed to him relates to the costs of exchanging documents about the disputes. If the final report suggests any radical changes, it will be interesting to see if there is sufficient political will to implement them in the current economic climate.”

Amanda Wadey, a solicitor at LexisPSL, commended the breadth of Jackson LJ’s remit and the amount he has already achieved in four months. “While he accepts that we are confined to some extent by our common law system it is clear that he is starting with a clean sheet,” she says. “His exploration of civil code jurisdictions shows that he does not consider himself confined by the current structure. It is evident that access to justice is at the core of this root and branch review and this has to be applauded.”

Jackson LJ is consulting on his report until the end of July and intends to publish his final report in December. The report is available at http://www.judiciary.gov. uk/about_judiciary/cost-review/ preliminary-report.htm (see this issue pp 683, 685 & 706).