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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
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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