Autumn consultation on implementation of litigation costs review
The government has announced that it will prioritise the implementation of the Jackson review.
In a written ministerial statement to the House of Commons, justice minister Jonathan Djangoly said that the government will consult in the autumn on implementing Lord Justice Jackson's recommendations.
He said the review would focus on the reform of Conditional Fee Agreements (CFAs) which he said would lead to significant costs savings, whilst still enabling access to justice for those who need it.
“The Government is therefore taking these proposals forward as a matter of priority,” he said.
The autumn consultation will also seek views on other related recommendations on funding arrangements such as whether lawyers should be permitted to enter into damages-based agreements or 'contingency fees' in litigation - a type of 'no win no fee' agreement commonly used in employment tribunals which allow a lawyer to take a percentage of the claimant's damages for taking on the claim.
The consultation will take account of any relevant legal aid reform proposals on which the government will also be seeking views during the autumn.
The Jackson review, which was published in January, recommended significant changes to the current arrangements for CFAs including abolishing the recoverability of both success fees and ‘after the event’ insurance premiums.
Lord Jackson also recommended a 10% increase in the level of general damages for personal injury, defamation and other tort claims.