November 24, 2010

The government has launched its promised consultation on the civil litigation funding and costs reforms proposed in the Jackson Review.

If Jacko has his way, claimants themselves would pay success fees and associated costs in no win, no fee cases rather than recover them from unsuccessful defendants – thus giving them more of an incentive to rein in excessive costs.

Views are also sought on proposals that include allowing contingency fees based on damages awarded, and increasing general damages by 10%.

Justice Minister Jonathan Djanogly claims: “We want to reduce overall costs, ensure claimants have a financial interest in controlling legal costs incurred on their behalf and deter avoidable unnecessary or unmeritorious cases.”

The government, he said, is keen to “prevent the situation in which, regardless of the merits of the case, defendants are forced to settle for fear of prohibitive costs.”

What could possibly be wrong with that?


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