The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published. Warning: if you intend to print the final report it is over 500 pages long.
On 14 January 2010 Jackson LJ published his final report on the review of costs in civil litigation. The report considers how litigation is funded and how costs are incurred, controlled and assessed. Jackson LJ recommends fundamental reforms, tougher enforcement of existing rules and greater awareness on the part of judges, lawyers and litigants.
Before litigation starts, there must be an appreciation of how it is to be funded. A review of the legal aid system was outside the remit of the report. However, Jackson LJ does make it clear that he recommends that the current level of legal aid funding should be maintained and that further cuts should be avoided.
Litigants increasingly have the benefit of legal expenses insurance as part of their domestic or buildings insurance. Businesses may also be insured against the costs of litigation. Jackson LJ supports before-the-event insurance and recommends positive efforts designed to increase its take-up, particularly for small and medium enterprises and individuals. He also supports
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