Litigators speak up about Jackson

Lawyers have expressed concerns about rising costs, damages-based agreements (DBAs) and access to justice, in the first major poll of civil litigators since the implementation of the Jackson Reforms.

The London Solicitors Litigation Association (LSLA) and NLJ combined to poll the 1,500 individual LSLA members whose practices range from large City litigation teams to smaller, niche firms.

A resounding 93% of those polled said access to justice had not increased—one of the principal aims of the reforms, which were implemented in April. Nearly 60% said the new rules on disclosure and new budgeting measures will drive up costs.

The survey is the first in a planned series by LSLA and NLJ to examine the ongoing impact of the Jackson Reforms, how these influence behaviour among litigation teams and whether, over time, they deliver the improvements Lord Justice Jackson sought. The full results of the first survey can be accessed at www.newlawjournal.co.uk.

Francesca Kaye, president of LSLA and partner at Russell-Cooke LLP, says the survey confirms some “early misgivings”.

“More than six months on from the implementation of LASPO, we’re beginning to see how the reforms are working in practice,” she says.

“The next six months will provide even more interesting intelligence as cases work their way through the system under the new rules and we see the first Court of Appeal decisions. We were concerned in April that some of the rules and regulations had been rushed through and poorly drafted.  

“A clear example is the concern surrounding the lack of clarity in the DBA regulations. Despite the indication that the regulations would be reviewed it is little wonder that litigators have stayed well clear in the meantime.” 

Jan Miller, NLJ editor, says: “This first poll of litigators has provided some fascinating insights into the day-in-day-out impact of Jackson. This ongoing collaboration with LSLA’s wide membership gives us a ringside seat in charting the changing attitudes and trends stemming from the Jackson Reforms.