law, less ordinary - legal opinions from Browne Jacobson » jackson review

Jackson review takes centre stage again

Hannah — Mon, 26 Jul 2010 15:24:30 +0000

The Government has announced a consultation on implementing the recommendations outlined in Lord Justice Jackson’s review of civil litigation costs.

The main thrust of this will be to review CFAs and as to whether they are the best way of achieving justice with the current level of success fees and the way in which ATE works.

It is reassuring that the Government is looking at proposals for fixed costs on the fast track and has recognised the unique problems associated with clinical negligence claims. However it has left us in the dark when it comes to non personal injury claims and legal expenses insurance.

It is important the Government clarifies how this will be combined with other measures such as the Lord Young report and the LSB review on referral fees if it seriously wants the industry to engage fully in the debate.

Posted by Nichola Evans
0207 337 1019
nevans@brownejacobson.com

Election halts defamation success fee reforms

Hannah — Thu, 22 Apr 2010 13:52:17 +0000

In March this year, Justice Secretary Jack Straw announced that there would be a 90% reduction in the recoverability of success fees in relation to defamation claims. The plans were also in line with the recommendations laid out by Lord Justice Jackson in his report published back in January.

Publishers welcomed the move but the oncoming election has led to the reforms being derailed. A number of MPs have also openly opposed the reforms because the proposals would not adequately protect the “little guy” who sues the publisher. Does this mean these same MPs disagree with the conclusions and recommendations of the Jackson report? It is only a matter of time before defendants are given greater protection against liability to pay success fees and after-the-event insurance premiums in defamation cases, and publishers will feel that not passing this legislation is an opportunity missed.

Posted by Mark Daniels
0121 237 3993
mdaniels@brownejacobson.com

Cutting the cost of IP litigation

Browne Jacobson — Thu, 14 Jan 2010 16:07:44 +0000

After several months preparation a report was published today which makes recommendations aimed at reducing costs of IP cases and speeding up the process of dispute resolution.

A constant criticism of litigation is that the costs involved in pursuing or defending a claim are disproportionate. The risk of having to pay the other side’s costs in the event of losing an action or even the unrecoverable costs of winning a claim are a barrier to using the courts for dispute resolution particularly for small and medium sized enterprises. It has been estimated that the average cost of taking a case to trial is in the region of £700k (although our experience is that we would not expect the average case to cost that much).

The new proposals contained in a report written by a serving Judge of the Court of Appeal and bearing his name (Jackson) include:

reforming the Patent County Court and introducing a cap on recoverable costs (£50,000 in patent cases, £25000 for all other IP cases);
introducing a fast track and small claims track for cases with low monetary value and clearer forms of pleadings

The proposals are welcome as if implemented they will enable us to give greater certainty regarding the exposure to costs of litigation. If such greater certainty is achieved will it mean greater confidence in the court system? What do you think?

Posted by Peter Ellis
0115 976 6267
pellis@brownejacobson.com