Jackson final costs report [Archived]
Jackson final costs report [Archived]

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Jackson final costs report [Archived]
  • Introduction
  • Funding
  • Conduct of Litigation
  • Assessment of Costs
  • Fixed Costs
  • Conclusion

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.

Introduction

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.

Funding

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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