Jackson reforms

Guarded welcome for Jackson’s fixed-cost plans

David Lidington

Lawyers have responded positively to Lord Justice Jackson’s report on fixed costs, while expressing relief that he had modified his initial idea of imposing a grid on all cases worth up to £250,000. However, concerns remain about how the plans will operate.

August 1st, 2017

Jackson lays out vision of fixed costs for some cases up to £250,000

Lord Justice Jackson

Lord Justice Jackson has today put forward his vision for extending fixed recoverable costs (FRC), but said he has not gone as far as originally envisaged because of improvements made in costs management. He proposed “finishing the job” of introducing FRC for all fast-track cases, as well as a new ‘intermediate’ track for certain claims up to £100,000, and a voluntary pilot of a ‘capped costs’ regime for business and property cases up to £250,000.

July 31st, 2017

Rule committee decides against revisiting budgeting limit for PI cases despite discount rate impact

Andrew Underwood

The Civil Procedure Rule Committee has decided against changing the financial threshold for costs budgeting in high-value personal injury cases, despite the prospect of the new discount rate taking a significant number of claims out of the regime.

July 17th, 2017

Neuberger indicates support for contingent legal aid fund

Inaugural Harbour Litigation Funding Annual Lecture - 8 May 2013

The president of the Supreme Court has indicated his support for some form of contingent legal aid fund (CLAF), using third-party litigation funders as a model. The idea of the CLAF has been debated for decades and is currently being examined by a working party, set up at the urging of Lord Justice Jackson.

July 5th, 2017

Jackson to pilot £80,000 costs cap for some cases worth up to £250,000

Lord Justice Jackson

The work on extending fixed recoverable costs is going to start with a pilot to test capping costs at £80,000 for claims up to £250,000 in a limited number of courts, it has emerged. The voluntary pilot – which will see caps set for stages as well as the overall cap – will run for two years.

June 22nd, 2017

Rule committee should look at gap in QOCS exception, says High Court judge

Nick Lavender

The Civil Procedure Rule Committee may need to address a hole in the exception from qualified one-way costs-shifting (QOCS) that meant defendants in a personal injury claim could not seek their costs because service of the claim had been set aside, rather than struck out, a High Court judge has ruled.

June 19th, 2017

Exclusive: Jackson “moving away” from £250,000 upper limit for fixed-cost cases

Paul Tennant

A widespread consensus has emerged that Lord Justice Jackson is backing away from extending fixed recoverable costs to cases worth up to £250,000, Litigation Futures can report – although what level he is now looking at is unknown.

May 23rd, 2017

Fixed-cost plans for clinical negligence “will prevent many cases being brought”, CJC warns

surgeons

Government plans to impose fixed costs on clinical negligence cases worth up to £25,000 “will prevent many cases being brought”, the Civil Justice Council has warned. The CJC said it was particularly concerned that the new regime for experts “may indeed prove to be a barrier to access to justice”.

May 11th, 2017

High Court upholds decision to disapply QOCS in ‘mixed’ claim

handcuffs

The High Court has upheld a ruling that disapplied qualified one-way costs-shifting (QOCS) under the little-used exception relating to ‘mixed’ claims, and in what is said to be the first case of its type, where the personal injury element was found to be a relatively minor part of the wider claim.

May 9th, 2017

Jackson backs cost capping for Mercantile Court pilot

Jackson LJ

Lord Justice Jackson has chosen cost capping, rather than fixed costs, as the way forward for a voluntary pilot he hopes to introduce in the Mercantile Court, as the judge continues to investigate the possible extension of fixed recoverable costs. The pilot, for cases worth up to £250,000, would follow the model used in the Intellectual Property Enterprise Court.

April 13th, 2017

Blog

Third-party funders – access to justice warriors?

Christopher Deadman 2

Comments on UNISON’s landmark victory against the government in respect of employment tribunal fees got me thinking about the whole ‘access to justice’ argument and the role that third-party funders play. I have sat in lots of meetings over the years where funders, some even with a straight face, claim that access to justice is a cornerstone of their business. That is a statement of almost North Korean bogusness. Funders who trot out the access to justice argument are guilty of conflating the by-product of their business with the

August 17th, 2017

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