The judge conducting a review of the costs of litigation has called on in-house lawyers to respond, to rectify a ‘dearth’ of evidence from those who pay for the costs of litigation.

Lord Justice Jackson, who will present his preliminary report on the costs of civil litigation on 8 May, said last week: ‘There is a great dearth of empirical evidence. If you are an in-house lawyer, I urge you to cooperate and assist.’

Senior costs judge Peter Hurst, one of the assessors advising Jackson in the review, said 56 submissions have been received. ‘Those [submissions] I have read have a common theme: what is needed now is active case management,’ he said.

After Jackson publishes his preliminary report, the review will enter a second consultation phase. His final report is due to be published at the end of this year. ‘I am not going to venture any conclusions at this stage,’ Jackson said.

Issues affecting civil litigation costs, such as the cost-shifting rule, proportionality, fixed costs and contingency fees, are all under scrutiny. The Ministry of Justice will ultimately decide whether to accept or reject any recommendations made by the review, which was commissioned by Master of the Rolls Sir Anthony Clarke.

Jackson and Hurst were speaking at the Costs, Collective Redress and Contingency Fees seminar, held by the Practical Law Company and sponsored by 39 Essex Street chambers.