The Master of the Rolls has appointed Lord Justice Jackson to lead a fundamental review into the costs of civil litigation.
The review will commence in January 2009, and the findings are due to be presented to the Master of the Rolls in December 2009. Lord Justice Jackson will be the sole author of the final report, but he will be assisted in the review by a small group of ‘assessors’, drawn from the judiciary, legal profession and an economist. The review group are due to meet monthly to discuss issues and findings.
The review is being undertaken as the Master of the Rolls, Sir Anthony Clarke, is concerned at the costs of civil litigation and believes that the time is right for a fundamental and independent review of the whole system.
Terms of reference have been drawn up for the review, as detailed in the Appendix to this release.
Notes for Editors
Biographical details for Lord Justice Jackson – Lord Justice (Rupert) Jackson was called to the Bar in 1972 (Middle Temple) and made a Bencher in 1995. He took Silk in 1987, was a Recorder from 1990 until 1998, and was appointed a Deputy High Court Judge in 1993. He was appointed a Judge of the High Court (Queen’s Bench Division) in 1999, and served as Judge in charge of the Technology and Construction Court 2004-07.
ENDS (Appendix – Terms of Reference follows)
Appendix
Review of Civil Costs
With the support of the Ministry of Justice, the Master of the Rolls has asked Lord Justice Jackson to conduct a wide ranging review into civil costs.
Objective
To carry out an independent review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate cost
Terms of reference:
In conducting the review Lord Justice Jackson will:
- establish how present costs rules operate and how they impact on the behaviour of both parties and lawyers
- establish the effect case management procedures have on costs and consider whether changes in process and/or procedure could bring about more proportionate costs
- have regard to previous and current research into costs and funding issues; for example any further Government research into Conditional Fee Agreements - ‘No win, No fee’, following the scoping study
- seek the views of judges, practitioners, Government, court users and other interested parties through both informal consultation and a series of public seminars
- compare the costs regime for England and Wales with those operating in other jurisdictions
- prepare a report setting out recommendations with supporting evidence by 31 December 2009.
