header-logo header-logo

20 February 2013
Issue: 7549 / Categories: Legal News
printer mail-detail

MoJ sets out detail on Jackson

Rules for the implementation of Jackson reforms laid in Parliament

The Ministry of Justice has laid out its rules for the implementation of the Jackson reforms. The Civil Procedure (Amendment) Rules 2013 (SI 2013/262), laid in Parliament last week, cover the bulk of Lord Justice Jackson’s civil justice reforms, including the introduction of qualified one way costs shifting (QOCS), damages-based agreements and tighter costs management.

Any party which fails to file a budget despite being required to do so will be treated “as having filed a budget comprising only the applicable court fees”.

Courts must in future deal with cases “at proportionate cost”, apply new rules on Pt 36 awards, and require parties to provide an upfront estimate of the costs of expert witnesses.

Julian Chamberlayne, head of the travel law team and partner at Stewarts Law, says that the biggest surprise in the new CPR for personal injury and clinical negligence lawyers is that the QOCS exceptions will still “expose successful claimants to interlocutory, issue based or proportional costs awards, but only up to the level of damages and interest awarded”.

“All prior indications were that this particular chink in the QOCS armour would only relate to successful Pt 36 offers by defendants. After the event insurers have been slow to reveal the detail of their post-Jackson products and there is no sign that they had anticipated a need to provide cover for interlocutory, issue based or proportional costs awards.

“The inevitable result is that finalisation and pricing of the new ATE products will go even closer to the wire. In catastrophic injury cases, the combination of these risks could result in cost liabilities of several hundred thousand pounds.”

The new rules come into effect on 1 April.

Issue: 7549 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll