Review of English Civil Litigation Costs – Could It Get Any Easier?
Client Alert | 1 min read | 01.15.10
Lord Justice Jackson's Review of Civil Litigation Costs: Final Report was published on 14 January 2010. It represents the biggest review of civil litigation in England and Wales since Lord Woolf’s report, Access to Justice, in July 1996. Many of the recommendations are bold and, if adopted, would affect the insurance industry, such as:
- Ending the recoverability of success fees and insurance premiums under conditional fee agreements.
- Introducing one-way costs shifting in some types of claim.
- The abolition of the indemnity principle.
- Making contingency fee agreements available for contentious work.
- Repealing large parts of the Practice Direction on Pre-action Conduct.
- Replacing standard disclosure with a "menu" of disclosure options in some cases.
- Stronger use of judges' case management powers, including costs management.
- Increasing the damages awarded to a claimant where a defendant has failed to beat the claimant's Part 36 offer at trial.
- Extending electronic working to the High Court, county courts and district registries.
- The creation of a Costs Council, which will decide on guideline hourly rates and fast track fixed costs.
The extent to which these recommendations will be brought into force remains to be seen. With a general election taking place later this year, the reformation of civil litigation procedure is unlikely to be high on the government's agenda, so it may be some time before any necessary changes to primary legislation are enacted (if at all).
Insights
Client Alert | 2 min read | 05.09.25
FDA Seeks Stakeholder Consultation on Prescription Drug User Fee Reauthorization
On May 8, the U.S. Food and Drug Administration (FDA) took steps to begin the process for reauthorizing the Prescription Drug User Fee Amendments (PDUFA) by announcing a public meeting to be held on July 14, 2025. The agency invited public stakeholders, including patient and consumer advocate groups, health care professionals, and scientific and academic experts to participate in the meeting and subsequent public meetings to consult on the PDUFA reauthorization.
Client Alert | 2 min read | 05.09.25
New SF-328 for Foreign Ownership, Control, and Influence Assessments Approved, Publication Imminent
Client Alert | 4 min read | 05.08.25
Client Alert | 4 min read | 05.07.25