Tracey Stretton & Mark Surguy predict that change is in the air for litigation costs
In his review of the costs of civil litigation, Lord Justice Jackson suggests that a formal costs management process is needed to keep the costs of litigation in check and makes recommendations about the need for budgeting and the monitoring of costs by judges. Pilot projects have been run over the past two years, including a pilot in the Mercantile Court and Technology and Construction Courts in Birmingham. The Civil Procedure Rules Committee recently approved the extension of this pilot to every Mercantile Court and Technology and Construction Court in the country.
The target date for the implementation of various reforms suggested by Jackson LJ, including the introduction of the costs management process, is 1 October 2012. A new practice direction on costs management is expected to be introduced in October 2012, once the necessary changes to the civil procedures rules have been authorised and enabling legislation passed. In the meantime, a new practice direction 51G
