Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 29 JULY 2011

Construction Disputes: The Rollout Of The Jackson Reforms

CMS Cameron McKenna Nabarro Olswang
Explore more from CMS Cameron McKenna Nabarro Olswang

Lord Justice Jackson delivered his Final Report on Civil Litigation Costs in early 2010. The Final Report was the culmination of a year-long review of the civil litigation system.

United KingdomLitigation, Mediation & Arbitration
Julian Bailey
Julian Bailey

Lord Justice Jackson delivered his Final Report on Civil Litigation Costs in early 2010. The Final Report was the culmination of a year-long review of the civil litigation system. Lord Justice Jackson's remit was very broad, in that he was required to look at how cost savings could be made in all aspects of civil litigation.

The Final Report made 109 recommendations for law reform. Some of those recommended reforms could have been (and now have been, or will be) implemented by changes to the rules of court. Others require primary legislation.

The most significant recommendations coming out of the Jackson costs review related to legal funding, and in particular Conditional Fee Agreements ("CFAs"), usually referred to as "no win / no fee" agreements. Lord Justice Jackson recommended that the law be changed so that success fees and After-the-Event ("ATE") insurance premiums (which are usually a necessary part of a CFA) cease to be recoverable by successful claimants.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Game Developer And Publisher Battle Over Step In Rights

A High Court ruling examines a contentious dispute between a video game developer and publisher over milestone-based funding and "step in" rights for the first-person shooter Six Days in Fallujah. With over $50 million in development costs at stake and allegations of conspiracy to acquire proprietary source code, the court declined to grant either party interim control of the game's development, leaving both sides without the "keys to the kingdom" pending a full trial.
United KingdomLitigation, Mediation & Arbitration
Lewis Silkin
Lewis Silkin
Article

Meta's $18 Billion Settlement: Reckoning Or Managed Exit?

Meta has agreed to pay up to $18 billion over 10 years to settle claims by 52 US state and territory attorneys general in the largest state consumer-protection settlement in American history outside tobacco. The settlement imposes binding child-safety obligations including time limits and age assurance, but leaves the core algorithmic feed unchanged and raises questions about whether this represents genuine accountability or a commercially managed outcome.
United KingdomLitigation, Mediation & Arbitration
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

LNG Charterparty Hire Formula: Meaning Of JKM–TTF Pricing Spread

The Commercial Court ruled on a USD 29 million dispute over an LNG carrier charterparty's index-linked pricing formula, determining whether the "JKM-TTF spread" operated bidirectionally or only when JKM exceeded TTF. The decision examines how unprecedented market conditions—where European gas prices surged above Asian prices due to the Ukraine war—tested the contractual formula's application and whether rectification could remedy an alleged drafting oversight.
European UnionLitigation, Mediation & Arbitration
CMS Wistrand
CMS Wistrand
Video

One-Punch Manslaughter – When A Single Blow Kills (Video)

A split-second decision can change lives forever. In one-punch manslaughter cases, a single impulsive blow, perhaps thrown in anger, fear or misguided bravado, leads to a tragic death. These ‘death by a single punch’ incidents are more common in the UK than many realise. Dozens of families every year are left devastated, with one family grieving an unimaginable loss, and another family shocked and fearful as their loved one faces a homicide investigation for an outcome no one intended. It’s a tragic reality, one moment of anger, one fatal assault involving a single blow, and two lives (and families) ruined.
United KingdomLitigation, Mediation & Arbitration
Olliers Solicitors
Olliers Solicitors
Article

Supreme Court Restricts Contractor’s Right To Terminate For Repeated Employer Defaults

The Supreme Court examined whether a contractor could terminate a construction contract following two late payments by the employer, even though the first payment was made within the contractual cure period. The case centered on interpreting standard JCT contract termination provisions and whether a 'repeated default' clause required an earlier accrued right to terminate.
United KingdomLitigation, Mediation & Arbitration
RPC
RPC