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09 September 2010 / Andrew Parker
Issue: 7432 / Categories: Opinion , Costs
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No time for hesitation

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

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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