header-logo header-logo

10 November 2017 / John O'Hare
Issue: 7769 / Categories: Features , Procedure & practice , Costs , Budgeting
printer mail-detail

The Jackson test of proportionality

nlj_7769_ohare

John O’Hare on how to reduce costs which are reasonable but disproportionate

In cases commenced after 1 April 2013, the old Lownds test of proportionality in costs has been largely replaced by a new test, the Jackson test, set out in CPR 44.3(5). This states that costs incurred are proportionate if they bear a ‘reasonable relationship’ to:

  • the sums in issue in the proceedings;
  • the value of any non-monetary relief in issue in the proceedings;
  • the complexity of the litigation;
  • any additional work generated by the conduct of the paying party: and
  • any wider factors involved in the proceedings, such as reputation or public importance (emphases added).

Rule 44.3(2) states that on a standard basis assessment: ‘Costs which are disproportionate in amount may be disallowed or reduced even if they were reasonably or necessarily incurred …’. This new test reverses the Lownds test in two ways.

  • First, necessary costs are no longer deemed to be proportionate because proportionality
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll