Pictured above: Rob Williams
The Lord Chancellor Kenneth Clarke announced on behalf of the
Ministry of Justice this week that the Government was committed to
enacting the Jackson proposals and revamping the Civil Justice
system, which is desperately in need of an overhaul.
The MOJ consultation into Jackson's proposals attracted 600
responses, and the end result of the consultation is that the
recovery of success fees from losing parties will be abolished,
general damages will be increased by 10% and that new test for
proportionate costs amongst other initiatives.
Rob Williams, head of the costs team at law firm Weightmans LLP,
said of the proposals:
"The government appears to be almost completely sold on Jackson,
despite a firestorm of claimant lobby furore at the consultation's
proposals. Balance has been restored to a civil justice system
which had become out of kilter on many levels.
"There are clear opportunities to reduce spend on claimants'
legal costs but effective implementation will be key, with the
detail yet to be addressed."
This week has also seen the Government declare a consultation on
the potential reform of the civil justice system open, focussing on
promoting dispute resolution and debt recovery solutions.
The consultation seeks to mould together the recommendations for
reform made by Lord Justice Jackson, Lord Young and the Legal Aid
Reform consultation so that all proposals operate in tandem.
The main facets of the new Civil Justice system proposed by the
Government appear to include preventing costs escalation by
extending the range of options available to parties and increasing
the small claims track limit, increasing the use of Alternative
Dispute Resolution methods, stronger enforcement to ensure that
creditors recover monies owed after the court orders have been
given and lastly changing the structural and jurisdictional make up
of the courts.
Rob explains:
"The consultation represents a bold plan to transform an ailing
system and to bring it up to date by using technology, increased
mediation and streamlining of processes which will ensure that the
majority of cases are dealt with efficiently.
"This consultation therefore represents an opportunity to
further reduce third party legal costs spend, whilst more modern
claims handling and court processes will reduce life cycles and
handling costs."