header-logo header-logo

No time for hesitation

09 September 2010 / Andrew Parker
Issue: 7432 / Categories: Opinion , Costs
printer mail-detail

Jackson: the case for reform remains strong...

Jackson: the case for reform remains strong. Andrew Parker explains why

It is now nearly nine months since the master of the rolls, Lord Neuberger, declared at the launch of Lord Justice Jackson’s final report, that the “time for discussion and debate is over”. That certainly did not stop the debate, but has the report had the desired impact?

In terms of the need for reform of civil litigation costs, nothing has changed. High success fees and high after the event (ATE) insurance premiums, often equalling or exceeding the amount in dispute, still abound.  Conditional fee agreements are still “the major contributor to disproportionate costs in civil litigation in England & Wales” (Jackson LJ’s final report p xvi).

The case for fixed costs on all fast track cases remains as powerful now as it was when Lord Woolf first proposed the concept in 1995.  The introduction of the Ministry of Justice’s (MoJ) process for Low

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll