Lord Justice Jackson’s Civil Litigation Costs Review raises the possibility of radical changes to the current system. However, how likely is it that his eventual proposals will ever see the light of day? One of the most likely proposals he will put forward is a fixed fee regime for all stages of fast track cases. […]
Jackson Costs Review – Part 6 – The Political Element Read More »
Those of us who work in the legal costs world have countless stories of last minute costs settlements where the other side crumbles at the last moment. In fairness, both claimants and defendants are probably equally to blame. Naturally, the closer a matter gets to a final hearing the more it focuses the parties’ minds.
Lord Justice Jackson’s Preliminary Report on Civil Litigation Costs revisits the thorny issue of whether the small claims track limit for personal injury claims should be raised from £1,000 to £5,000 (or somewhere in between). APIL, not surprisingly, expressed concern to Jackson LJ if this was introduced: “APIL’s membership survey suggests that almost 70% of
Jackson Costs Review – Part 5 – Small Claims Limit Read More »
Lord Justice Jackson’s Preliminary Report on Civil Litigation Costs reaches a “tentative conclusion” that: “It seems to me to be in the public interest to promote a substantial extension of BTE insurance, especially insurance in the category BTE1 [Before-the-Event legal expense insurance where insurers pay solicitors to act for the insured when a claim arises].
Jackson Costs Review – Part 4 – Legal Expense Insurance and Success Fees Read More »
Lord Justice Jackson’s Preliminary Report on Civil Litigation Costs gives details of the meeting he had with the Association of Personal Injury Lawyers (APIL) and the views that they expressed. This included: “APIL and FOIL have agreed a new code for handling high value personal injury cases. It applies to claims above £250,000. The code
Lord Justice Jackson’s Preliminary Report on Civil Litigation Costs seriously considers whether the current two-way costs shifting rules should continue. He writes: “The first possible modification would be to introduce one-way cost shifting. One-way cost shifting means that when the defendant loses, he pays the claimant’s costs; when the claimant loses, each side bears its
Jackson Costs Review – Part 3 – Cost Shifting Read More »
I have previously been predicting, and indeed recommending, that the introduction of the new claims process for low value RTAs be abandoned or postponed pending the publication of Jackson LJ’s Costs Review. Further, disagreement over how the fixed fee structure would work and how the new scheme would operate with the existing predictable costs scheme
Fixed fee deal surprise Read More »
Lord Justice Jackson’s Preliminary Report on Civil Litigation Costs is, in general, careful to avoid reaching any final conclusions or making any firm recommendations. However, even from a cursory reading, it seems all but inevitable that the final report will recommend the introduction of fixed fees to all stages of fast track claims. Jackson LJ
Jackson Costs Review – Part 2 – Fixed Fees Read More »
Lord Justice Jackson’s Preliminary Report on Civil Litigation Costs was published on 8 May 2009. I did not immediately rush to comment on this report for three reasons: The Report runs to almost 700 pages plus appendices and takes some reading. Given the importance of this report to the future of the legal costs system
Jackson Costs Review – Part 1 – Introduction Read More »
The heart of the problem concerning ATE premium levels was identified recently by Paul Ashurst writing in the New Law Journal: "one party buys insurance cover without handing over any cash and then hands the bill to the other party, who has no say in selecting either the cost or provider". The self-insuring deferred premium,
ATE premiums – What impact market forces? Read More »
