Lord Justice Jackson has no regrets over his proposals on civil litigation costs, which he wants to see implemented next April “in their entirety”.
In an exclusive interview with NLJ columnist Dominic Regan, Sir Rupert says introducing some of his reforms later than others “will not work”.
In preparation for April 2013, he advises lawyers to start thinking about costs budgeting and to embrace technology, as he believes the days of paper are numbered. “The commencement of proceedings, payment of fees, the exchange and filing of documents, court bundles—all these need to be done electronically,” he adds.
He emphasises the importance of fixed costs in fast-track litigation to impose a sense of proportionality upon parties and to “avoid expensive satellite litigation”.
And he slaps down a proposal—made by the Law Society, Motor Accident Solicitors Society (MASS) and Association of Personal Injury Lawyers (APIL)—that the recoverability of additional liabilities should continue but at a reduced cost.
Regan says: “Like him or loathe him, Lord Justice Jackson has the courage of his convictions.
“His rejection of the APIL compromise, coming over two years after publication of the final report, says everything.”
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