Lord Justice Jackson published his long awaited report on changes to the civil litigation system in England and Wales yesterday. It makes a number of wide-ranging recommendations, focusing on personal injury claims in particular, but also addressing most other types of civil and commerical litigation. Given the cost savings to the Government, it seems likely that most of the recommendations will be implemented.
Among the key recommendations made in the report are:
- a ban on referral fees being paid by solicitors
- an end to success fees and after the event insurance premiums being recovered against unsuccessful defendants
- in some cases unsuccessful claimants not being liable for the successful defendant's costs (associated with reduced need for after the event insurance)
- the expansion of the before the event insurance market
- introduction of fixed costs to all personal injury claims with a value of up to £25,000
- parties being expected to risk share and costs share with their solicitors - being responsible for some of the costs of litigation and having a direct interest in the level of costs incurred
- the small claims limit is to remain unchanged
- encouragement of access to justice for small and medium enterprises
- more pro active case management and costs management by parties and the courts
- more training for judges on costs issues
Philippa Luscombe, a partner in the personal injury team at Penningtons Solicitors LLP, has summarised the report and gives expert commentary on its implications for litigation in this country. To view her analysis of The Jackson Report, click here >>.