Sir Anthony (now Lord) Clarke, the then Master of the Rolls, commissioned Lord Justice Jackson to undertake a “fundamental review” of the costs of civil litigation in November 2008.
Under the terms of reference set by Sir Anthony, Jackson LJ was asked “to carry out an independent review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate cost”.
In reading the legal press over the last year or so, mediation for clinical negligence claims has featured regularly and there seems to be a momentum from both sides – perhaps more so from NHS Resolution – to promote it as part of the mainstream menu offered by litigators. Below is an in-depth look at these developments, viewpoints and some preconceptions on what is undoubtedly a topical subject.
There was a legitimate reason for QOCS being created in the funding changes of April 2013. The burden of paying success fees and legal expenses premiums was shifted from the defendant so as ensure the claimant had a legitimate stake in their own costs, and the quid pro quo was that successful defendants would not get their legal costs paid unless QOCS was disapplied. However, to my great disappointment, it appears defendants will not be taking greater care over making such allegations.
As we know, in 2014 the rules changed so that only claims in excess of £100,000 could be issued in the High Court, leading to a lot of cases being transferred to the county courts. We are seeing many claims well in excess of the £100,000 threshold being transferred to the county court.
This past month Ireland has given me cause for celebration due to the decision in Irish Bank Resolution Corporation Ltd & ors v Quinn & ors  IEHC 175, which sanctioned the use of predictive coding technology in the disclosure process.