Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
The Jackson Reforms Steering Committee has an objective to develop a new model-form Bill of Costs. The first stage of this process was to develop a uniform series of litigation task costs codes to enable courts to assess the costs to be awarded in litigation cases. The LEDES Oversight Committee (LOC) has now endorsed the use of a new litigation costs coding system called EW-UTBMS J-Code-set.
The LOC recently announced its endorsement of the EW-UTBMS J-Code-set in a press release:
‘The J-Codes are a set of UTBMS codes developed by the Jackson Steering Committee, working at the behest of the Judiciary of England and Wales, and charged with developing a set of litigation task codes specifically for their own region and industry sector. In this case, the LOC assisted the Jackson Steering Committee (chaired by Alex Hutton QC and project coordinated by David Nelson who is the LOC Standards Coordinator) in developing the J-Codes, as the first stage of their objective to develop a new model-form ‘Bill-of-Costs’ for use by the courts in assessing costs to be awarded in litigation cases.
The development of the J-Codes (and the new model-form-bill-of-costs when it is developed), is a response to a review of civil litigation costs in England and Wales, conducted by Lord Justice Jackson (a very senior judge in the judiciary). The overarching purpose of these codes is to assist courts and other parties in performing analysis of costs at different levels, including the comparison of actual costs to budgeted costs.
Given the above, the primary aim of the new J-Codes is to enable the courts in England and Wales – including Judges and Costs’ Judges – to summarise and analyse time worked and costs incurred by lawyers during a litigation case. This again is a departure from the norm for the use UTBMS codes, as normally they are used in eBills supplied by the law firm to the client. It’s envisaged the J-Codes will be used extensively to analyse the Bill-of-Costs by the losing litigant, in order to minimize their costs.
In terms of implementation – law firms should liaise with their clients to receive instructions, but it is thought law firms with litigation cases being held in the jurisdiction of England and Wales will need to implement the new J-Code-set internally, so that their lawyers are able to record time using the J-Codes. This should be an improvement over the current –L-Codes which they may be using, as the J-Codes accurately reflect the litigation phases in this jurisdiction. Likewise, eBilling vendors will need to implement the new J-Codes, as the law firms will need to record them, and this will enable an easier comparison of client bills to the eventual Bill-of-Costs presented to the courts at the culmination of the case.
The request to the LOC to ratify/endorse the J-Codes was made via a formal letter to the LOC by senior judges in England and Wales, these being Lord Dyson (Master of the Rolls – the 2nd head judge in the country), Lord Justice Jackson (Senior Judge and author of the Jackson Review report), Senior Costs Judge Peter Hurst (Senior Costs Judge in the Judiciary). This underlines the importance of using the codes in litigation cases in England and Wales.’
The request by three senior judges for the LOC to endorse the J codes is perhaps indicative of the importance the courts are placing on the new approach to dealing with costs. The issue for practitioners will be whether they should be implementing the J codes as part of their time recording process now. There is currently no mandatory requirement for lawyers to use the codes. However, this does not mean they should not be taken into account. The thought process behind publishing the J-codes now is linked with the use of the new Bill of Costs which is currently being worked on and which, it is anticipated, will be available towards the end of 2015. The Bill of Costs will take the form of a spreadsheet and is being developed by utilising the J codes within its spreadsheet analysis. For those dealing with matters for which costs issues may come before the court at the end of 2015 or later, understanding the J codes and implementing them into the firm's time recording system may well reap benefits in terms of dealing with costs issues before the courts.
Other issues to be aware of are:
Given these issues, a review of the J-Code report will be a must for law firms.
For access to the J-Code-Set document as well as the judiciary please click here.
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
Janna is a dispute resolution lawyer. She deals primarily with cross border issues and is active in the work being undertaken in relation to the implications of Brexit for Dispute Resolutions lawyers. Janna also heads up a LexisNexis costs team bringing together expertise from across the company to deal with the costs issues facing the profession.
0330 161 1234