Review of Civil Litigation Costs
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The Review of Civil Litigation Costs, or Jackson Review or Jackson Proposals, is a review of civil litigation costs in England and Wales conducted by Lord Justice Jackson
in 2009, the final report, known as the Jackson Report, being presented in January 2010.
, Lord Clarke of Stone-cum-Ebony asked Lord Justice Jackson to conduct a review into civil litigation costs.
The review became known as the Jackson Review.
It commenced in January 2008 and took about a year to complete, a preliminary report being published on 8 May 2009. On 14 January 2010, Jackson published the final report to the new Master of the Rolls, Lord Neuberger.
The main findings and recommendations include:
Rupert Jackson
Sir Rupert Matthew Jackson is a member of the Court of Appeal of England and Wales.- Career :Jackson was educated at Christ's Hospital and Jesus College, Cambridge, of which he is an Honorary Fellow. He was called to the Bar in 1972 and made a Bencher in 1995. He became a Queen's Counsel in 1987...
in 2009, the final report, known as the Jackson Report, being presented in January 2010.
History
The senior judiciary were concerned about the cost of civil justice in England and Wales, in particular because the costs were often disproportionate to the issues, and in late 2008 the Master of the RollsMaster of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
, Lord Clarke of Stone-cum-Ebony asked Lord Justice Jackson to conduct a review into civil litigation costs.
The review became known as the Jackson Review.
It commenced in January 2008 and took about a year to complete, a preliminary report being published on 8 May 2009. On 14 January 2010, Jackson published the final report to the new Master of the Rolls, Lord Neuberger.
Assessors
Jackson was assisted in his work by a panel of assessors comprising:- Mr Justice CranstonRoss CranstonSir Ross Frederick Cranston , styled The Hon. Mr Justice Cranston, is a High Court judge, formerly an academic lawyer and Labour Party politician, in the United Kingdom.-Early life:...
- Professor Paul Fenn, Head of Industrial Economics at Nottingham University Business School
- Senior Costs Judge Master Peter Hurst
- Jeremy Morgan QC
- Michael Napier QC
- Andrew Parker (who replaced Lord Hunt, who had to resign early in the review for health reasons )
- Colin Stutt, Head of Funding at the Legal Services CommissionLegal Services CommissionThe Legal Services Commission is an executive non-departmental public body of the Ministry of Justice that is responsible for the operational administration of legal aid in England and Wales.-Overview:...
Findings
The final report is 557 pages long.The main findings and recommendations include:
- The costs system should be based on legal expenses that reflect the nature/complexity of the case.
- Success fees and after the event insurance premiums should not be recoverable in no win, no fee cases.
- General damages awards for personal injuries and other civil wrongs should be increased by 10%.
- Referral fees should be scrapped.
- Claimants should only make a small contribution to defendant costs if a claim is unsuccessful (as long as they have behaved reasonably).
- There should be fixed costs for "fast track" cases (with a claim up to £25,000).
- A Costs Council should be established to annually review fixed costs and lawyers' hourly rates.
- Lawyers should be allowed to enter into Contingency Fee Agreements.
- "Before the event’ legal insurance should be promoted.
Follow-up
After the Jackson Report was published, the Judicial Executive Board agreed to support the recommendations of the final report and established a Judicial Steering Group with the following members:- Lord Neuberger, Master of the RollsMaster of the RollsThe Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
- Lord Justice Kay, Chairman of the Judicial Studies BoardJudicial Studies BoardThe Judicial College, formerly the Judicial Studies Board , established in 1979, is the organisation responsible for training judges in Crown, County and higher courts in England and Wales and tribunals judges in England & Wales, Scotland and Northern Ireland. This includes the training of lay...
- Lord Justice Moore-Bick, Deputy Head of Civil Justice
- Lord Justice JacksonRupert JacksonSir Rupert Matthew Jackson is a member of the Court of Appeal of England and Wales.- Career :Jackson was educated at Christ's Hospital and Jesus College, Cambridge, of which he is an Honorary Fellow. He was called to the Bar in 1972 and made a Bencher in 1995. He became a Queen's Counsel in 1987...