In a recently published report, Law Justice Rupert Jackson has undertaken a review of the rules and principles governing the costs of civil litigation of the United Kingdom and has made recommendations to promote access to justice at proportionate cost. This 584 page odd comprehensive report makes substantial analysis of the civil litigation system in general and various different types of peculiar cases to make conclusive recommendations on the changes that need to be brought in the UK legal system such that the cost structure borne by the system towards these is make proportionate.
Some of the major recommendations on the following aspects;
- “No win, no fee” agreements (Conditional fee agreements)
- Success fees and ATE insurance premiums
- Consequences for personal injuries litigation
Increase in general damages - Referral fees
- Qualified one way costs shifting
- Fixed costs in fast track litigation
- Costs Council
- Costs in relation to specific types of litigation such as (a) personal injury claims (b) Intellectual property litigation (c) Small business disputes (d) Housing claims (e) Large commercial claims (f) Chancery litigation (g) Technology and Construction Court litigation (h) Nuisance cases (i) Defamation and related claims (j) Collective actions, etc.
The Report also carries a seperate chapter to provide for 'Controlling the costs of litigation'. In all, the report provides a comprehensive insight on the issue. The Indian Law Ministry, which has been proposing to change the cost system prevalining in the country for quite a while now can very well draw meaningful insights from the Report.
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