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I have extracted some of the headline proposals from the executive summary of Lord Jackson’s review of civil costs final report below and will comment in future posts on the substantive detail once I have read the report fully and considered reaction throughout the profession.
The highlights:
- Success fees and ATE premiums should not be recovered from losing parties.
- Personal Injuries general damages should be increased by 10%.
- Success fees capped at 25%.
- Referral fees banned.
- Qualified one-way costs shifting in personal injury so losing claimants do not automatically pay the defendant’s costs.
- Fixed costs in the fast track.
- Contingency fees allowed in contentious business.
- Small business dispute litigation be accessible to non-lawyers.
- Serious campaign to educate judges and lawyers, the public and small business about mediation.
- Simply substantive housing law.
- Change part 36 so that if defendants fail to beat an offer the claimant recovers an extra 10%
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[...] new here, you may want to subscribe to my RSS feed. Thanks for visiting!Follow this link to read Lord Justice Jackson’s review of civil costs final report. Feel free to comment below. I will comment on the personal injury and mediation aspects when I [...]
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