Example: bankruptcy

Review of Civil Litigation Costs: Final Report

Review OFCIVIL Litigation COSTSD ecember 2009 Review of Civil Litigation Costs: Final Report Published by TSO (The Stationery Office) and available from: Online Mail, Telephone, Fax & E-mail TSO PO Box 29, Norwich, NR3 1GN Telephone orders/General enquiries: 0870 600 5522 Fax orders: 0870 600 5533 E-mail: Textphone 0870 240 3701 TSO@Blackwell and other Accredited Agents Customers can also order publications from: TSO Ireland 16 Arthur Street, Belfast BT1 4GD Tel 028 9023 8451 Fax 028 9023 5401 Published with the permission of the Ministry of Justice on behalf of the Controller of Her Majesty s Stationery Office. Crown Copyright 2010 All rights reserved. Copyright in the typographical arrangement and design is vested in the Crown. Applications for reproduction should be made in writing to the Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey, TW9 4DU.

FUNDING LITIGATION 7. Legal aid 66 8. Before-the-event insurance 71 9. After-the-event insurance and how to deal with the liability for adverse costs 80 10. Conditional fee agreements 94 11. Third party funding 117 12. Contingency fees 125 13. CLAF or SLAS 134 14. Litigants in person 142 REVIEW OF CIVIL LITIGATION COSTS. Contents iii PART 3. ...

Tags:

  Review, Cost, Party, Civil, Litigation, Funding, Party funding, Review of civil litigation costs, Funding litigation

Information

Domain:

Source:

Link to this page:

Please notify us if you found a problem with this document:

Other abuse

Transcription of Review of Civil Litigation Costs: Final Report

1 Review OFCIVIL Litigation COSTSD ecember 2009 Review of Civil Litigation Costs: Final Report Published by TSO (The Stationery Office) and available from: Online Mail, Telephone, Fax & E-mail TSO PO Box 29, Norwich, NR3 1GN Telephone orders/General enquiries: 0870 600 5522 Fax orders: 0870 600 5533 E-mail: Textphone 0870 240 3701 TSO@Blackwell and other Accredited Agents Customers can also order publications from: TSO Ireland 16 Arthur Street, Belfast BT1 4GD Tel 028 9023 8451 Fax 028 9023 5401 Published with the permission of the Ministry of Justice on behalf of the Controller of Her Majesty s Stationery Office. Crown Copyright 2010 All rights reserved. Copyright in the typographical arrangement and design is vested in the Crown. Applications for reproduction should be made in writing to the Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey, TW9 4DU.

2 First published 2010 ISBN 9780117064041 Printed in the United Kingdom for The Stationery Office. P0023 c7 01/10 19585 86041871 Foreword i FOREWORD In some areas of Civil Litigation costs are disproportionate and impede access to justice. I therefore propose a coherent package of interlocking reforms, designed to control costs and promote access to justice. 21st December 2009 Rupert Jackson Contentsii Final Report By the Right Honourable Lord Justice Jackson December 2009 CONTENTS ii GLOSSARY v EXECUTIVE SUMMARY xvi PART 1. INTRODUCTION 1. The Civil justice Costs Review 1 2. The costs of Civil Litigation 14 3. Proportionate costs 27 4. The causes of disproportionate costs and how they should be tackled whilst promoting access to justice 40 5. The indemnity principle 53 6.

3 Costs Council 59 PART 2. funding Litigation 7. Legal aid 66 8. Before-the-event insurance 71 9. After-the-event insurance and how to deal with the liability for adverse costs 80 10. Conditional fee agreements 94 11. Third party funding 117 12. Contingency fees 125 13. CLAF or SLAS 134 14. Litigants in person 142 Review OFCIVIL Litigation COSTSC ontents iii PART 3. FIXED COSTS 15. Fast track fixed costs 146 16. Fixed costs outside the fast track 169 17. Integration of recommendations for fixed costs with recommendations in respect of additional liabilities 174 PART 4.

4 PERSONAL INJURIES Litigation 18. Upper limit for personal injury cases on the small claims track 178 19. One way costs shifting 184 20. Referral fees 194 21. Assessment of general damages for pain, suffering and loss of amenity 207 22. Personal injuries Litigation : process and procedure 216 23. Clinical negligence 231 PART 5. SOME SPECIFIC TYPES OF Litigation 24. Intellectual property Litigation 248 25. Small business disputes 258 26. Housing claims 264 27. Large commercial claims 273 28. Chancery Litigation 282 29. Technology and Construction Court Litigation 294 30. Judicial Review 301 31. Nuisance cases 314 32.

5 Defamation and related claims 319 33. Collective actions 330 34. Appeals 337 PART 6. CONTROLLING THE COSTS OF Litigation 35. Pre-action protocols 343 36. Alternative dispute resolution 355 37. Disclosure 364 38. Witness statements and expert evidence 375 39. Case management 386 40. Costs management 400 41. Part 36 offers 420 42. Courts administration 428 43. Information technology 434 PART 7. ASSESSMENT OF COSTS 44. Summary assessment 442 45. Detailed assessment 452 Contents iv PART 8. CONCLUSION 46. Concluding remarks 462 RECOMMENDATIONS 463 PRIMARY LEGISLATION REQUIRED 472 ANNEXES Annex 1 Submissions received between 31st January and 8th May 2009 473 Annex 2 Submissions received after 8th May 2009 474 Annex 3 Conferences, seminars and meetings attended during Phase 2 485 APPENDICES Appendix 1 Tables for chapter 2 489 Appendix 2 1,000 clinical negligence cases closed or settled by the NHSLA in the period from 1st April 2008 to 31st March 2009 [see chapter 2, section 6] 524 Appendix 3 15 large intellectual property cases settled or taken to first instance trial in the period from 1999 to 2007 [see chapter 2, section 8] 536 Appendix 4 List of those who participated in the facilitative meetings concerning fast track fixed costs [see chapter 15, paragraph ]

6 537 Appendix 5 Fixed costs matrices for fast track personal injury cases [see chapter 15, paragraphs , and ] 538 Appendix 6 Post-issue costs budget questionnaire for clinical negligence cases [see chapter 23, paragraph ] 540 Appendix 7 Pre-issue costs budget questionnaire for clinical negligence cases [see chapter 23, paragraph ] 544 Appendix 8 Four sample petitioners statements of costs proposed by the insolvency proceedings fixed costs working group [see chapter 28, paragraph ] 546 Appendix 9 Template budget form for Birmingham costs management pilot [see chapter 40, paragraph ] 550 Appendix 10 Proposed amendments to sections 35 and 39 of the Costs Practice Direction [see chapter 45, paragraph ] 554 Glossary v GLOSSARY Where I refer in the Final Report to paragraphs of the Preliminary Report I do so in the following manner: PR paragraph [chapter number].

7 [paragraph number].[sub-paragraph number] For example, a reference to paragraph of chapter 6 of the Preliminary Report would be set out as PR paragraph Word or expression Meaning or description Aarhus Convention The Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, signed in Aarhus, Denmark, on 25th June 1998. ABI The Association of British Insurers. ABS Alternative Business Structure. ACCC The Advisory Committee on Civil Costs. access to justice The ability of a person to obtain legal advice and representation, and to secure the adjudication through the courts of their legal rights and obligations. ACSG The Accident Compensation Solicitors Group. ACTAPS The Association of Contentious Trust and Probate Specialists.

8 Additional liabilities Collectively, CFA success fees and ATE insurance premiums. ADR Alternative Dispute Resolution ways of attempting to resolve disputes so as to avoid Litigation . Mediation is the primary form of ADR. See chapter 36. after-the-event ( ATE ) insurance Insurance by one party against the risk of it having to pay its opponent s legal costs, where the insurance policy is taken out after the event giving rise to court proceedings ( an accident involving personal injury). AJF The Access to Justice Fund, established in October 2009 as the charitable body to receive monies recovered pursuant to an order made under section 194 of the Legal Services Act 2007. ALCD The Association of Law Costs Draftsmen. AMRO The Association of Medical Reporting Organisations.

9 Glossary vi ANM The Association of Northern Mediators. APIL The Association of Personal Injury Lawyers. assessment The process by which the amount of costs payable by one person to another is determined by a judicial officer (usually a judge or a costs judge). Assessment was formerly known as taxation . An assessment may be a detailed assessment or a summary assessment. ATE insurance. See after-the-event insurance. AvMA Action against Medical Accidents. before-the-event ( BTE ) insurance Insurance, protecting a claimant or defendant, that was in place before the occurrence of an event giving rise to a legal claim (eg. a motor vehicle accident) that covers the claimant s or defendant s legal fees, and possibly also those of its opponent (in the event of the insured being ordered to pay their opponent s costs).

10 See generally chapter 8. Birmingham form The template form for parties to submit their costs budgets under the Birmingham pilot scheme (referred to in paragraph 3 of the Guidelines for the Birmingham pilot). See chapter 40. Birmingham seminar The Costs Review seminar organised by the Master of the Rolls office and held in Birmingham on 26th June 2009. Birmingham pilot (scheme) The costs management pilot in the Birmingham Mercantile Court and the Birmingham TCC which began during Phase 2 of the Costs Review . See chapter 40. Birmingham TCC The Birmingham Technology and Construction Court. BTE insurance See before-the-event insurance. CAB A Citizens Advice Bureau. CAJE The Coalition for Access to Justice for the Environment. CAP Claims Against Professionals, a body of leading professional indemnity insurers.


Related search queries