header-logo header-logo

15 April 2010 / Patrick Allen
Issue: 7413 / Categories: Opinion , Costs
printer mail-detail

A one way street?

A central theme of the Jackson Report is that making costs proportionate to damages under the CPR has not been achieved in practice and that major rule changes are needed.

A central theme of the Jackson Report is that making costs proportionate to damages under the CPR has not been achieved in practice and that major rule changes are needed. Can this be done without significant damage to access to justice?

The litigation world outside commercial litigation is divided into two classes—claimants who are individuals of modest resources and their opponents—well resourced litigants, insured parties,  corporations, local and central government.

The Jackson proposals amount to “One-Way Proportionality”—they affect claimants and their ability to recover the necessary costs of litigation. They will not affect their opponents.

A limit on recoverable costs for corporate litigants or insurers is of no interest to them as they mainly pay out damages and costs rather than recover costs. This is because most claimant cases succeed after careful risk assessment. It is in the commercial interests of corporate and

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

Test Article Upgrade

Test Article Upgrade

"Neque porro quisquam est qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit...""There is no one who loves pain itself, who seeks after it and wants to have it, simply because it is pain..."

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

NEWS

Family lawyers cite financial disincentives for issuing child protection orders

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
back-to-top-scroll