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21 May 2009 / Jennifer James
Issue: 7370 / Categories: Opinion , Costs
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A one-way street?

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Jennifer James contemplates Lord Justice Jackson’s legacy...

The Preliminary Report on Civil Litigation Costs by Lord Justice Rupert Jackson has been produced, following a whirlwind tour of various jurisdictions including the US, Canada, Australia, New Zealand, Hong Kong, France and Germany, the bulk of which took place in late March/early April of this year. Having acted so promptly in producing the report, Jackson LJ expects his stakeholders to act equally promptly in responding thereto.

This is not as daunting a task as may first appear since many practitioners and interest groups will want to focus upon discrete areas of specific interest, thereby breaking the task down into more manageable tranches. Those of you practising under conditional fee agreements (CFAs) would be well advised to make time to read the report in time to raise comments upon it before the deadline of July 31, 2009.

One-way costs shifting in PI cases There are some radical suggestions floated in the report, one of which is so-called “one-way costs shifting” in personal injury cases. That is a system

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NEWS
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NLJ this week: No such thing as a ‘Welsh seat’
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
NLJ this week: Jury reform risks justice for efficiency’s sake
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
NLJ this week: When are experts truly ‘necessary’?
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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