The English System of Costs: Life after the Jackson Reforms (April 2013)

Abstract

Following Sir Rupert Jackson's report on the costs regime (Reforming Civil Litigation Funding and Costs in England and Wales-Implementation of Lord Justice Jackson's Recommendations: The Government Response (Cm 8041, 2011)), many procedural changes, notably affecting costs, were introduced on 1 April 2013. These include: introduction of qualified one way costs shifting, damages based agreements, increased damages and the changes to CPR Part 36 (costs implications of rejected settlement offers). The problems and uncertainties generated by this new set of costs rules will probably occupy the courts, notably the higher courts, for at least ten years.