Review of civil litigation costs

著者

書誌事項

Review of civil litigation costs

TSO, 2010

  • preliminary report, v. 1
  • preliminary report, v. 2
  • final report

大学図書館所蔵 件 / 全3件

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注記

Contents: Preliminary report, v. 1 (May 2009) -- Preliminary report, v. 2 (May 2009) -- Final report (Dec. 2009)

Preliminary report, v. 2 accompanied by 1 CD-ROM

"Review of civil litigation costs : preliminary report, appendices"-- on CD-ROM label

ISBN of CD-ROM: 9780117064034

Includes bibliographical references

内容説明・目次

巻冊次

preliminary report, v. 2 ISBN 9780117064034

内容説明

In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate costs. Sir Rupert's preliminary report, published in May 2009, is the product of fact-finding, research and investigations over a four-month period and serves to establish: how present costs rules operate and how they impact on the behavior of both parties and lawyers; the effect case management procedures have on costs and whether changes in process could bring about more proportionate costs; and, a comparison for the costs regime for England and Wales with those operating in other jurisdictions. The preliminary report is supplied in two print volumes and a CD-ROM, which contains 30 appendices.

目次

  • Volume 1:
  • * Introduction to The Civil Justice Costs Review
  • * Research, consultation and investigations re. costs
  • * The funding of civil litigation
  • * Fixed costs
  • * Personal injuries litigation.
  • Volume 2:
  • * Controlling the costs of litigation
  • * The assessment of costs
  • * Review of cost regimes in other jurisdictions
  • * Conclusion.
  • CD-ROM (Appendices):. * District Judges' Survey
  • * Circuit Judges' Survey
  • * Queen's Bench Judges' Survey
  • * Supreme Court Costs Office Exercise
  • * Table supplied by claimant personal injury solicitors summarising cases completed May-Dec 2008
  • * Plus 25 other appendices.
巻冊次

final report ISBN 9780117064041

内容説明

In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate costs. This Final Report presents the findings and supporting evidence of the civil litigation costs review. It outlines the final proposals on the costs of civil litigation, informed by the period of public consultation that followed "The Review of Civil Litigation Costs: Preliminary Report". Lord Justice Jackson was asked to review the rules and principles governing the costs of civil litigation and to make recommendations in order to: promote access to justice at proportionate cost; review case management procedures; have regard to research into costs and funding; consult widely; compare our costs regime with those of other jurisdictions; and, prepare a report setting out recommendations with supporting evidence by 31 December 2009. "The Review of Civil Litigation Costs: Preliminary Report" is also available to order, either separately or as part of a pack with the Final Report (see below). Please note that the Final Report contains extensive cross-references to the Preliminary Report and the one cannot be read without the other. Major recommendations cover: conditional fee agreements, of which 'no win, no fee' agreements are the most common species, and which have been the major contributor to disproportionate costs. Success fees and ATE (after-the-event) insurance premiums should cease to be recoverable from unsuccessful opponents in civil litigation. Success fees should come out of the damages awarded to the client; awards of general damages should be increased by 10 per cent, and the maximum amount of damages that lawyers may deduct for success fees be capped at 25 per cent of damages. Lawyers should not be permitted to pay referral fees in respect of personal injury cases. It also covers: qualified one way costs shifting, taking away the need for ATE insurance; fixed costs in fast track litigation; and, establishment of a Costs Council. Other sections of the report deal with: other funding issues; personal injuries litigation; some specific types of litigation; and, controlling the costs - including pre-action protocols, greater use of alternative dispute resolution (ADR), disclosure, case and costs management by the judiciary.

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