Judges and lawyers involved in high-stakes commercial court disputes should be trained in costs budgeting and costs management, Lord Justice Jackson’s review of civil litigation costs has recommended.

The report suggested that costs budgeting and costs management be included as part of lawyers’ CPD training, while the Judicial Standards Board should offer equivalent training for civil court judges.

Jackson concluded that while costs in the commercial court are generally proportionate, a standard costs management procedure should be drawn up to be used at the discretion of judges. He urged judges to ‘actively adopt costs management in any lower value cases’ brought in the commercial court.

Liam O’Connell, partner and head of dispute resolution at City firm CMS Cameron McKenna, said: ‘The complaint is sometimes made that judges let cases drift and don’t grab them by the scruff of the neck.

‘Lord Justice Jackson is proposing that judges get more involved and take responsibility for controlling costs. Some judges might resist this but court users will certainly welcome it.’

Graham Huntley, partner at City firm Lovells and a member of the commercial court long trials working party, suggested that technical changes to civil court procedure would be introduced to ensure that Jackson’s proposals are taken forward.

Jackson undertook a costs estimation exercise at City firm Olswang while compiling his report.

The report recommended that in many civil cases, claimants should only make a small contribution to a defendant’s costs in the event of an unsuccessful claim. However, it recommended that the ‘loser pays’ system should be retained for large commercial cases.