Lord Justice Jackson today (8 May) published his much-awaited preliminary report as part of his review of civil litigation costs.

Speaking this morning, Master of the Rolls Sir Anthony Clarke, who commissioned the review, said Jackson’s final proposals will be given a ‘fair wind’ by the judiciary. However, both Clarke and Jackson made clear that only the government can choose whether any of the final proposals will be implemented.

The vast majority of the 650-page report sets out the current law, procedure and quanta of civil litigation costs. However, Jackson offers the following ‘tentative conclusions’: He also sets out a number of options for reform in certain areas, including:

  • Disclosure.
  • Expert evidence.
  • Costs assessment, both detailed assessment and summary assessment.

  • Following the retraction of legal aid, either conditional fee agreements (CFAs) or some other system of payment by result ‘must exist’ in order to facilitate access to justice.
  • A contingent legal aid fund (CLAF) has ‘some attraction’.
  • In terms of court fees, it is ‘wrong in principle’ that the entire cost or most of the cost of the civil justice system should be shifted from taxpayers to litigants.
  • The introduction of one-way cost shifting into collective actions in England and Wales would be a ‘step too far’.
  • The personal injury litigation industry is ‘populated by numerous interest groups and middlemen, all of whom have to meet their overheads and make a profit on top. If any layer of activity can be removed from the process… it may be thought that this will serve the public interest’.
  • Away from business litigation, parties are not well informed about the benefits of alternative dispute resolution.

Further submissions to the review can be made from now until 31 July. Jackson said he will deliver his final report by 31 December this year.

The full preliminary report is available here [http://www.judiciary.gov.uk/about_judiciary/cost-review/preliminary-report.htm].