The Reform of Civil Litigation

 

Overview
The Reform of Civil Litigation

9780414056862
Sep 2016
Paperback

The author of the defining civil justice and costs reforms publishes a permanent record of his objectives  

In this new text, Lord Justice Jackson provides a concise explanation of his civil justice and costs reforms, ensuring practitioners can find clear and practical guidance on how they fit together. 

Lord Justice Jackson’s reforms had the objective of reducing litigation costs and delay, thereby promoting access to justice. This is the firsthand record of what the reforms aimed to achieve and a review of their success to date, drawing lessons from the process. 

The book will be of invaluable assistance to both practitioners and students. The text guides readers through tricky areas of the reforms, such as:

•Case and costs management

•DBAs

•Claims for costs against third party funders

•QOCS

•Imposition of sanctions for non-compliance and relief from such sanctions

•The role of ADR and the consequences of not engaging in ADR

•The consequences of beating Part 36 offers

•How fixed costs regimes operate

•Summary assessment of costs

•The new procedures for detailed assessment

•The new form bill of costs

•Provisional assessment of costs

It is three years since the reforms took effect and, now in an ideal vantage point to survey their performance, Lord Justice Jackson not only sets out what the reforms aimed to do but draws lessons from the process. Looking forward to ‘where next’ for civil justice. 

Lord Justice Jackson poses the question of what further reforms are necessary and why.  He scrutinises the management of litigation post-Jackson, explaining the new regime of case and costs management: examining the issues and setting out the benefits. The text explains the changes required to funding, looking specifically at conditional fee agreements, after-the-event insurance and damages-based agreements. It emphasises consensual settlement and ADR, analyses Part 36 offers and looks specifically at the special features of PI litigation. Additionally, to provide further insight and ease of use, the text includes a diagram clarifying the interrelationship of the Jackson reforms.