Expert evidence: controlling costs / focusing issues

The Civil Procedure Rule Committee has approved an amendment to CPR Part 35 to implement Lord Justice Jackson’s recommendation that parties seeking permission for expert evidence should provide the court with an estimate of the costs of that evidence (as anticipated in our September update Jackson reforms: taking stock). The aim is to make it … Read more

Jackson reforms: taking stock

In addition to the headline reforms which are to be implemented through primary legislation currently before Parliament, progress is ongoing toward the implementation of various other recommendations put forward in Lord Justice Jackson’s final report on civil litigation costs and funding (as summarised here). Some of the developments likely to be of interest to commercial … Read more

Bill to bring in Jackson reforms published today

The government has today introduced legislation to implement the key proposals made by Lord Justice Jackson for the reform of civil litigation costs and funding, namely: removing the restrictions on contingency fees or “damages-based agreements” (DBAs) for civil litigation; abolishing the recoverability of conditional fee agreement (CFA) success fees and after the event (ATE) insurance … Read more

Costs management pilot expanded

In his final report following his year-long costs review, Lord Justice Jackson recommended that judges should have a discretion to adopt “costs management” procedures where these would be beneficial for a particular case. (Click here for a summary of his recommendations affecting major commercial litigation.) Following a pilot of these procedures in the Birmingham Mercantile … Read more

Government announces important civil litigation reforms

The government yesterday announced its intention to go ahead with key proposals made by Lord Justice Jackson for the reform of civil litigation costs and funding, including: significant changes to the rules governing Part 36 offers to settle; removing the restrictions on contingency fees or “damages-based agreements” (DBAs) for civil litigation; and abolishing the recoverability … Read more