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ARTICLE · 02 DECEMBER 2010

A Step Forward For Jackson Costs Reforms

The dramatic reforms proposed by Lord Justice Jackson in his review of civil litigation costs, published nearly a year ago, are a step closer to implementation following the publication of the Ministry of Justice's Consultation Paper on the Proposals for Reform of Civil Litigation Funding and Costs on 15 November 2010.

United KingdomGovernment, Public Sector
Andrew Horrocks
Andrew Horrocks
David Abraham
David Abraham
Paul Dowle
Paul Dowle
John Goodman
John Goodman
David Knapp
David Knapp
Janet Lambert
Janet Lambert

The dramatic reforms proposed by Lord Justice Jackson in his review of civil litigation costs, published nearly a year ago, are a step closer to implementation following the publication of the Ministry of Justice's Consultation Paper on the Proposals for Reform of Civil Litigation Funding and Costs on 15 November 2010.

The MOJ Consultation Paper covers Lord Justice Jackson's primary recommendations relating to the reform of the Conditional Fee Agreement (CFA) regime, namely that success fees and after the event (ATE) insurance premiums should no longer be recoverable from the losing side. It also covers two alternative packages of recommendations should the primary recommendations not be implemented, which propose more rigorous control over the recoverability of success fees and ATE premiums; as well as Lord Justice Jackson's recommendations on contingency fees or damage-based agreements (DBAs).

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