I have extracted some 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%
See the New Law Journal webcast.
Please add your comments on the report below.
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