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The Reform of Civil Litigation

Format: Paperback / softback
Publisher: Sweet & Maxwell Ltd, London, United Kingdom
Imprint: Sweet & Maxwell
Published: 8th Sep 2016
ISBN-10: 0414056868
ISBN-13: 9780414056862
Barcode No: 9780414056862
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Synopsis
The author of the defining civil justice and costs reforms publishes a permanent record of his objectives In this new text, Lord Justice Jackson provides a concise explanation of his civil justice and costs reforms, ensuring practitioners can find clear and practical guidance on how they fit together. Lord Justice Jackson's reforms had the objective of reducing litigation costs and delay, thereby promoting access to justice. This is the firsthand record of what the reforms aimed to achieve and a review of their success to date, drawing lessons from the process. The book will be of invaluable assistance to both practitioners and students. The text guides readers through tricky areas of the reforms, such as: *Case and costs management *DBAs *Claims for costs against third party funders *QOCS *Imposition of sanctions for non-compliance and relief from such sanctions *The role of ADR and the consequences of not engaging in ADR *The consequences of beating Part 36 offers *How fixed costs regimes operate *Summary assessment of costs *The new procedures for detailed assessment *The new form bill of costs *Provisional assessment of costs It is three years since the reforms took effect and, now in an ideal vantage point to survey their performance, Lord Justice Jackson not only sets out what the reforms aimed to do but draws lessons from the process. Looking forward to `where next' for civil justice. Lord Justice Jackson poses the question of what further reforms are necessary and why. He scrutinises the management of litigation post-Jackson, explaining the new regime of case and costs management: examining the issues and setting out the benefits. The text explains the changes required to funding, looking specifically at conditional fee agreements, after-the-event insurance and damages-based agreements. It emphasises consensual settlement and ADR, analyses Part 36 offers and looks specifically at the special features of PI litigation. Additionally, to provide further insight and ease of use, the text includes a diagram clarifying the interrelationship of the Jackson reforms.

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Dec 1st 2016, 23:42
AN IMPORTANT STATEMENT ON THE CIVIL JUSTICE REFORMS FROM JACKSON LJ
Awesome - 10 out of 10
AN IMPORTANT STATEMENT ON THE CIVIL JUSTICE REFORMS FROM JACKSON LJ
AS WE BEGIN TO EXPERIENCE MONUMENTAL CHANGE IN 2017

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

This excellent statement from the incomparable Rupert Jackson appeared in the summer of 2016 as the civil justice process continued the most massive transformation of our system since the Judicature Acts of the nineteenth century. It’s a permanent record of his objectives which all practitioners should own and read.

These reforms are urgently needed because we want a judicial explanation of what is happening to our legal system. This book gives practitioners a fundamental update and should be a mandatory acquisition for your legal practice. The only problem on the horizon is that it is not the final word!


Since “The Reform of Civil Litigation” appeared, Lord Faulks QC left government although his “note on the parliamentary process” is one of the most important starting points to read for lawyers together with the Terence Etherton’s excellent Foreword. In this current text, Jackson provides a concise explanation of his civil justice and costs reforms, ensuring practitioners can find clear and practical guidance on how they fit together.

Jackson’s reforms had the objective of reducing litigation costs and delay, thereby promoting access to justice. This is the first-hand record of what the reforms aimed to achieve and a review of their success to date, drawing lessons from the process giving us a most useful current update.

The key points he makes include the following: abolition of the recoverable ‘success fee’; increasing general damages by 10%; a new test of proportionality; a ban on referral fees paid by solicitors to obtain personal injury clients; introduction of Qualified One-way Costs Shifting (‘QOCS’); introduction of fixed recoverable costs in the fast track and costs management above the fast track; promoting judicial continuity or docketing wherever possible; controlling disclosure and e-disclosure more effectively, so that the costs of the exercise are proportionate to the issues in dispute; introduction of more robust case management and tougher enforcement of court orders; streamlining the processes for assessing costs at the end of a case; and promoting ADR as a cost-effective form of dispute resolution.

It’s three years since the reforms took effect and, with an ideal vantage point to survey their performance, Jackson not only sets out what the reforms aimed to do, but draws lessons from the process and looks forward to ‘where next’ for civil justice.

Jackson raises the question of what further reforms are necessary and why we need them. The title scrutinizes the management of litigation post-Jackson: explaining the new regime of case and costs management; and examining the issues and setting out the benefits. It explains the changes required to funding, looking specifically at conditional fee agreements, after-the-event insurance and damages-based agreements which will be of assistance to PI specialists.

We consider that the book is intended to be of help to younger practitioners and students who will, of course, be taking over from us in the future. It’s an ideal resource for judges, barristers, solicitors and academics, who require an in-depth yet succinct insight into the most prominent and important reforms to civil litigation since the Woolf Reforms.

The publishers remind us that the book cross-refers to the 2nd edition of “Costs & Funding following the Civil Justice Reforms: Questions & Answers”, and is intended to be complementary to that title. The final work is not finished… it is just beginning or “in progress” as we might say.

Thank you, Rupert Jackson.

The publication date is given as June 2016.