Review of Civil Litigation Costs

Last updated May 05, 2019

The Review of Civil Litigation Costs, or Jackson Review or Jackson Proposals, is a review of civil litigation costs in England and Wales conducted by Lord Justice Jackson in 2009, the final report, known as the Jackson Report, which was presented in January 2010.^[1]

England and Wales is a legal jurisdiction covering England and Wales, two of the four countries of the United Kingdom. ’England and Wales’ forms the constitutional successor to the former Kingdom of England and follows a single legal system, known as English law.

Sir Rupert Matthew Jackson, PC is a retired justice of the Court of Appeal of England and Wales.

History

The senior judiciary were concerned about the cost of civil justice in England and Wales, in particular because the costs were often disproportionate to the issues, and in late 2008 the Master of the Rolls, Lord Clarke of Stone-cum-Ebony asked Lord Justice Jackson to conduct a review into civil litigation costs.^[2]^:1 The review became known as the Jackson Review.

The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second-most senior judge in England and Wales after the Lord Chief Justice, and serves as President of the Civil Division of the Court of Appeal and Head of Civil Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that.

It commenced in January 2009 and took about a year to complete, a preliminary report being published on 8 May 2009. On 14 January 2010, Jackson published the final report to the new Master of the Rolls, Lord Neuberger.^[3]

David Edmond Neuberger, Baron Neuberger of Abbotsbury, PC, GBS, HonFRS is an English judge. He served as President of the Supreme Court of the United Kingdom from 2012 to 2017. He was a Lord of Appeal in Ordinary until the House of Lords' judicial functions were transferred to the new Supreme Court in 2009, at which point he became Master of the Rolls, the second most senior judge in England and Wales. Neuberger was appointed to the Supreme Court in 2012. He also serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal.

Assessors

Jackson was assisted in his work by a panel of assessors comprising:^[2]^:2

Mr Justice Cranston
Professor Paul Fenn, Head of Industrial Economics at Nottingham University Business School
Senior Costs Judge Master Peter Hurst
Jeremy Morgan QC
Michael Napier QC
Andrew Parker (who replaced Lord Hunt, who had to resign early in the review for health reasons^[4]^:2)
Colin Stutt, Head of Funding at the Legal Services Commission

Sir Ross Frederick Cranston is a professor of law at London School of Economics and a retired High Court judge, formerly a British Labour Party politician.

David James Fletcher Hunt, Baron Hunt of Wirral MBE PC,, is a British Conservative politician, and was a member of the Cabinet during the Margaret Thatcher and John Major administrations, while also being appointed to serve on the Privy Council in 1990.

The Legal Services Commission (LSC) was an executive non-departmental public body of the Ministry of Justice that was responsible for the operational administration of legal aid in England and Wales.

Findings

The final report is 557 pages long.^[1]

The main findings and recommendations include:^[1]

The costs system should be based on legal expenses that reflect the nature/complexity of the case.
Success fees and after the event insurance premiums should not be recoverable in no win, no fee cases.
General damages awards for personal injuries and other civil wrongs should be increased by 10%.
Referral fees should be scrapped.
Claimants should only make a small contribution to defendant costs if a claim is unsuccessful (as long as they have behaved reasonably).
There should be fixed costs for "fast track" cases (with a claim up to £25,000).
A Costs Council should be established to annually review fixed costs and lawyers' hourly rates.
Lawyers should be allowed to enter into Contingency Fee Agreements.
"Before the event’ legal insurance should be promoted.

Follow-up

After the Jackson Report was published, the Judicial Executive Board agreed to support the recommendations of the final report and established a Judicial Steering Group with the following members:^[3]

Lord Neuberger, Master of the Rolls
Lord Justice Kay, Chairman of the Judicial Studies Board
Lord Justice Moore-Bick, Deputy Head of Civil Justice

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References

1 2 3 "News Release: Jackson review calls for a package of reforms to rein in the costs of civil justice". Judicial Communications Office. 2007-01-14. Retrieved 2010-05-01.
1 2 the Right Honourable Lord Justice Jackson (December 2009). Review of Civil Litigation Costs: Final Report (PDF). Norwich: The Stationery Office. ISBN 978-0-11-706404-1. Archived from the original (pdf) on February 15, 2010. Retrieved 2010-05-01.
1 2 "Civil Litigation Costs Review". Judicial Communications Office. 2007-03-17. Retrieved 2010-05-01.
↑ the Right Honourable Lord Justice Jackson (May 2009). Review of Civil Litigation Costs: Preliminary Report, Volume 1 (PDF). Norwich: The Stationery Office. ISBN 978-0-11-706403-4. Archived from the original (pdf) on 2010-04-06. Retrieved 2010-05-01.

The Right Honourable Lord Justice Jackson (January 2010). Review of Civil Litigation Costs: Appendices to the Preliminary Report by Lord Justice Jackson. Norwich. ISBN 978-0-11-706403-4. Archived from the original on 2009-08-04. Retrieved 2010-05-01.

External links

Official site for download of final and preliminary reports

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[Judiciary_14_January_2010-1] 1 2 3 "News Release: Jackson review calls for a package of reforms to rein in the costs of civil justice". Judicial Communications Office. 2007-01-14. Retrieved 2010-05-01.

[Final_Report-2] 1 2 the Right Honourable Lord Justice Jackson (December 2009). Review of Civil Litigation Costs: Final Report (PDF). Norwich: The Stationery Office. ISBN 978-0-11-706404-1. Archived from the original (pdf) on February 15, 2010. Retrieved 2010-05-01.

[Judiciary_2010_March_17-3] 1 2 "Civil Litigation Costs Review". Judicial Communications Office. 2007-03-17. Retrieved 2010-05-01.

[Preliminary_Report_Vol_1-4] the Right Honourable Lord Justice Jackson (May 2009). Review of Civil Litigation Costs: Preliminary Report, Volume 1 (PDF). Norwich: The Stationery Office. ISBN 978-0-11-706403-4. Archived from the original (pdf) on 2010-04-06. Retrieved 2010-05-01.