Review of Civil Litigation Costs: Final Report

Author:: Lord Justice Jackson (Judicial Communications Office)
Publisher:: TSO (The Stationery Office)

In January 2009 the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate costs.

This Final Report presents the findings and supporting evidence of the civil litigation costs review. It outlines the final proposals on the costs of civil litigation, informed by the period of public consultation that followed the 'Review of Civil Litigation Costs: Preliminary Report'.

Lord Justice Jackson was asked to review the rules and principles governing the costs of civil litigation and to make recommendations in order to:

promote access to justice at proportionate cost;
review case management procedures;
have regard to research into costs and funding;
consult widely;
compare our costs regime with those of other jurisdictions; and
prepare a report setting out recommendations with supporting evidence by 31 December 2009.

'The Review of Civil Litigation Costs: Preliminary Report' is also available to order, either separately or as part of a pack with the Final Report (see below). Please note that the Final Report contains extensive cross-references to the Preliminary Report and the one cannot be read without the other.

Major recommendations cover:

Conditional fee agreements, of which "no win, no fee" agreements are the most common species, and which have been the major contributor to disproportionate costs.
Success fees and ATE (after-the-event) insurance premiums should cease to be recoverable from unsuccessful opponents in civil litigation.
Success fees should come out of the damages awarded to the client; awards of general damages should be increased by 10 per cent, and the maximum amount of damages that lawyers may deduct for success fees be capped at 25 per cent of damages.
Lawyers should not be permitted to pay referral fees in respect of personal injury cases.
Qualified one way costs shifting, taking away the need for ATE insurance.
Fixed costs in fast track litigation.
Establishment of a Costs Council.

Other sections of the report deal with:

Other funding issues
Personal injuries litigation
Some specific types of litigation
Controlling the costs - including pre-action protocols, greater use of alternative dispute resolution (ADR), disclosure, case and costs management by the judiciary.

Extent	557 pages	ISBN	9780117064041
Size	A4	Price	£55.00
Binding	Paperback	Published	14 Jan 2010
Availability	In Stock: 1 - 2 days	Delivery	Delivery options and charges