Civil Litigation Costs Review

[Paule]

The Master of the Rolls, Sir Anthony Clarke, has appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate cost.



The review will commence in January 2009, and the findings are due to be presented to the Master of the Rolls in December 2009. Sir Rupert Jackson will be assisted with the review by a small group of ‘assessors’ who will meet on a monthly basis to discuss issues and findings.

The panel of assessors comprises:

* Senior Costs Judge Master Peter Hurst
* Mr Justice Cranston
* Jeremy Morgan QC
* Michael Napier QC
* Colin Stutt and
* Professor Paul Fenn
* Andrew Parker

Terms of Reference

In conducting the review Lord Justice Jackson will:

• Establish how present costs rules operate and how they impact on the behaviour of both parties and lawyers.
• Establish the effect case management procedures have on costs and consider whether changes in process and/or procedure could bring about more proportionate costs.
• Have regard to previous and current research into costs and funding issues; for example any further Government research into Conditional Fee Agreements - ‘No win, No fee’, following the scoping study.
• Seek the views of judges, practitioners, Government, court users and other interested parties through both informal consultation and a series of public seminars.
• Compare the costs regime for England and Wales with those operating in other jurisdictions.
• Prepare a report setting out recommendations with supporting evidence by 31 December 2009.

Timetable

The review will be conducted in three stages:

Phase One

Preparation of a working paper (January – April)

* Meetings with court users and professionals;
* Consideration of any written submissions which may be received;
* Study of overseas costs rules

Organisations, professionals and court users are invited to submit written comments and information on the subject matter of this review for consideration in Phase One of the inquiry by 31 January 2009.

Please email your submissions together with hard copies to the Clerk to the Civil Litigation Costs Review, please see contacts details page for full address.

Phase Two

Consultation period and public seminars (May – July)

Following completion of the working paper, there will be a three-month consultation period which will include a series of public seminars held in Birmingham, Cardiff, Manchester and London.

Phase Three

Preparation of Final Report (September – December)

Judiciary of England and Wales - Review of Civil Litigation Costs

[Paule]

Update:

Phase Two

Consultation period and public seminars (May – July)
Following completion of the working paper, there will be a three-month consultation period which will include a series of public seminars which will be held in: Cardiff on 19 June, Birmingham on 26 June, Manchester on 3 July and London on 10 July.
The majority of attendees will be from the legal professions and places have therefore been allocated to the Law Society, Bar Council and Ilex to fill as they see fit. Invitations have also been extended to large court user bodies and representative groups, judges, academics and government officials.
Enquiries regarding the seminars should therefore be made as follows:

• Members of the Bar - to the Bar Council
• Solicitors - to the Law Society
• Ilex members – Ilex

Other interested persons should e-mail: masteroftherollsoffice@judiciary.gsi.gov.uk


Press notice

8 May 2009
Lord Justice Jackson Publishes Preliminary Findings of his Civil Litigation Cost Review
Lord Justice Jackson has published the preliminary report in his Review of Civil Litigation Costs.The report is a major piece of work, deriving from four months of fact-finding, research and receiving submissions.
Related link: Civil Litigation Cost Review Preliminary report