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What might have been…

05 March 2015 / Dominic Regan
Categories: Opinion , Procedure & practice , Costs , Jackson
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Dominic Regan reflects on the Jackson reforms

"Oh what's the bloody point?". The last words recorded in the diary of the sad comedian Kenneth Williams before he swallowed an overdose might well be ruefully uttered now by Sir Rupert Jackson. 

It will be remembered that his brief was to propose reforms that would enable justice to be secured at proportionate cost. An unholy combination of circumstances seem to have thwarted his aims.

Control

Sir Rupert recommended that court fees should be kept under control. These words have been conveniently ignored by the Ministry of Justice. Recent changes will propel some fees up by 622% at one level and others would rise by over 400%. These cretinous changes will either make litigation dramatically more expensive or will deter those with viable claims from ever pursuing them. Either way, a Jackson tenet will be frustrated. It is shameful. 

Fast-track litigation, some injury apart, still lacks a predictable costs regime. Jackson privately pushed to have

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