header-logo header-logo

19 February 2016 / Dominic Regan
Issue: 7687 / Categories: Opinion , Costs
printer mail-detail

Is Jackson's legacy under pressure?

nlj_7687_regan

Dominic Regan reports on “unwordly” fixed costs & the missing impact assessment

Sir Rupert Jackson has achieved something remarkable, which is unanimity within the entire legal profession. The unfortunate detail is that absolutely everyone I have spoken to considers that his recent proposals for an all-embracing fixed costs regime applicable to claims worth up to £250,000 to be preposterous.

Common view

The soundings I have taken are extensive. Silks, small practices, City firms and, perhaps surprisingly, defendants share a common view: the proposed reform would lead to an immense injustice. Parties and the greater civil legal edifice would inevitably be worse off .

In his speech of 28 January 2016 Jackson LJ spoke of bringing fixed costs into the lower foothills of multi-track litigation (see "Jackson: this man is not for turning", NLJ , 5 February 2016, p 7). The entry point of this track is £25,000. To capture a case worth four, eight or ten times as much is regarded as stratospherically high. Many have told me that their

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll