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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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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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