Jackson Reforms On Civil Litigation Costs – 1st April 2013 – The Key Areas

The biggest recent overhaul of civil litigation procedure will take effect on 1 April 2013, as a result of Lord Justice Jackson's report on civil litigation costs. Stuart Evans and Liane Bylett from our Commercial Disputes Team explain the five key areas of reform in commercial disputes and what these changes will mean for you.

The reforms suggested by Lord Justice Jackson are intended to promote access to justice at proportionate cost. The idea is that Judges will actively case manage claims through the Court system with a view to controlling costs. There are five key areas of reform, which we will explain below.

1. Funding

Until recently, a Conditional Fee Agreement (CFA) or "no win no fee" agreement was the usual form of contingent funding arrangement between solicitors and their clients. A CFA is an agreement that legal charges will only be payable in specified circumstances – usually when the client wins their case. In most cases, the CFA will contain a