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ARTICLE · 15 JANUARY 2010

Lord Justice Jackson's Final Report Is Published

CMS Cameron McKenna Nabarro Olswang
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Lord Justice Jackson today released his Final Report, recommending changes to the civil litigation system in England and Wales to promote access to justice at proportionate cost.

United KingdomLitigation, Mediation & Arbitration
Julian Bailey
Julian Bailey

Lord Justice Jackson today released his Final Report, recommending changes to the civil litigation system in England and Wales to promote access to justice at proportionate cost. The report follows his Preliminary Report of May 2009 (www.law-now.com/law-now/2009/preliminaryreport240609.htm), and an extensive consultation on how civil litigation can be made more cost effective.

Some of the important recommendations made in the Final Report include:

  • Ending the current regime of "no win / no fee" agreements, by making success fees and ATE insurance premiums irrecoverable from unsuccessful defendants.
  • Allowing lawyers to act on a contingency fee basis, which usually means that if a claim succeeds the lawyer is paid a percentage of the judgment sum, or if the claim fails the lawyer is paid little or nothing at all. Contingency fees are used widely in North America, and Lord Justice Jackson sees no objection in principle to them being used in England and Wales.

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