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ARTICLE · 15 AUGUST 2011

Jackson Reform Bill Being Fast-Tracked Through Parliament

A Bill making CFA success fees and ATE premiums irrecoverable from an opponent, permitting contingency fees and increasing sanctions in Part 36 offers was presented to Parliament on 21 June.

United KingdomLitigation, Mediation & Arbitration
Guy Pendell
Guy Pendell
Lindsey Davies
Lindsey Davies

A Bill making CFA success fees and ATE premiums irrecoverable from an opponent, permitting contingency fees and increasing sanctions in Part 36 offers was presented to Parliament on 21 June. The second reading took place on 29 June, an unusually short period between first and second readings, causing yet more controversy in relation to Jackson LJ's recommendations for the reform of civil litigation costs. The Bill is now with the Public Bill Committee, which will scrutinise the Bill line by line and report back to Parliament in October.

Background

The Final Report of Lord Justice Jackson's Review of Civil Litigation Costs was published in January 2010. His key reforms included a radical overhaul of the current "no win / no fee" regime and the introduction of "Damages-Based Agreements" (DBAs), better know as contingency fees, as a method of funding litigation. For further details on Jackson LJ's recommendations, please click here to view our previous Law-Now.

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