Jackson: key recommendations

By | 15th January 2010
Key recommendations from the Review of Civil Litigation Costs Final Report of Lord Justice Jackson, published 14th January, 2010

A resumé of the key recommendations may be found on page 463 of the 584 page report [click here to view the report in PDF format]. However, here is a selection of the most important ones:

  1. Success fees and ATE insurance premiums should cease to be recoverable.
  2. Increase in general damages to compensate.
  3. Referral fees should be disallowed.
  4. Qualified one way costs shifting ( i.e. losing claimant will not pay defendant’s costs but losing defendant will pay claimant’s costs).
  5. Fixed costs in Fast Track cases.
  6. Contingency fees to be allowed.
  7. General pre-action protocol to be abolished (other 10 specialist protocols to be retained).
  8. Campaign to increase awareness of ADR.
  9. Training for judges and lawyers on how to conduct e-disclosure efficiently’ and lastly,
  10. Menu of disclosure options to replace standard disclosure.

Copies of the preliminary and final reports may be downloaded or ordered from the Judiciary of England and Wales web site