Summary
The Civil Procedure Rules came into play on Apr 26, 1999, and although his reforms have provided many improvements, Lord Woolf was among the first to point out a number of years ago that they have not prevented the rise in the cost of litigation, which was arguably his main aim. In November 2008 the Master of the Rolls Sir Anthony Clarke appointed Lord Justice Rupert Jackson (LJJ) to lead a fundamental review into civil costs. In his 650 page Preliminary Report on Civil Litigation Costs published in May (the Report) LJJ attributes the cost increases largely to the rise of conditional fee agreements, designed specifically to fill the funding gap caused by the retreat of Legal Aid, exacerbated by the front loading of costs due to pre-action protocols. LJJ believes fixed costs would be particularly appropriate for unfair commercial practices, where at present the only remedy for breach is regulatory enforcement, and for small building disputes.
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Extract
Civil Litigation Costs
The Civil Procedure Rules came into play on 26 April 1999, and although his reforms have provided many improvements, Lord Woolf was among the first to point out a number of years ago that that they have not prevented the rise in the cost of litigation, which was arguably his main aim. In November 2008 the Master of the Rolls Sir Anthony Clarke appointed Lord Justice Rupert Jackson (LJJI to lead a fundam...
See the full content of this document
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