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- Jaggards Costs Conference 2010 Review
- Jaggards Costs Conference 2009 Review
- Civil Litigation Costs Review
- Jackson commends German costs recovery model
- Amendments to the Civil Procedure Rules
Proposals are announced for the Reform of Civil Litigation Funding and Costs in England and Wales by the Ministry of Justice
The awaited proposals in relation to the reform for civil litigation costs following on from the publication of comprehensive report by Lord Justice Jackson have been announced. The Ministry of Justice are seeking responses to the consultation by the 14th February 2011 from interested parties to include the legal profession, judiciary and insurance companies.
The report is following many of the recommendations made by Lord Justice Jackson, particularly seeking responses in relation to proposals for the reform of conditional fee agreements and ATE premiums along with an increase in general damages and responses in relation to Lord Justice Jackson’s proposals on Part 36 offers, one way costs shifting, supplementary legal aid, alternative recommendations and recoverability, proportionality, damages based agreements and litigants in person.
The proposals made by Lord Justice Jackson are broadly accepted, the consultation also acknowledges the recent report prepared by Lord Young and again adopts some of his proposals in addition.
In the ministerial forward it is stated that “we are seeking to strike the right balance between access to justice for those who need it with ensuring that costs are proportionate and that unnecessary and frivolous claims are deterred.” It is clear that the Ministry of Justice are seeking to address the disproportionate inflation in legal costs over the last ten years largely resulting from the main stream adoption of conditional fee agreements.
We hope to be working with many of our clients in preparing their responses to the consultation and invite any enquiries in relation to this from all to be addressed to Adrian Jaggard of our offices.