Minister warns of delay if Jackson review is to be implemented in full

A government minister has warned that implementing the recommendations of Lord Justice Jackson’s review of civil litigation costs in full – as the judge would like – could mean a delay in implementation of the report.

Speaking in a House of Lords debate this week, Lord Bach said: “Some of Sir Rupert’s suggestions require a great deal of analysis. One problem is that he saw his report as a package – and so may want all of it implemented or none of it implemented – but some parts of it could perhaps be implemented earlier. We have to decide between those two difficult choices.”

Describing Lord Jackson's report as "remarkable", the parliamentary under-secretary of state at the Ministry of Justice said: "We are now actively assessing the implications of Sir Rupert's proposals and how they should be taken forward. We will work with the senior judiciary and others to consider the options for reform and we will set out a more detailed timetable once we have completed our initial analysis."

Lord Bach added that it had been ten years since the Access to Justice Act had been passed and it was “only right that we should look to see whether improvements can be made”.

Former Lord Chief Justice Lord Woolf, author of the Access to Justice report published in 1996, described the Jackson review’s recommendations as “extensive and generally welcome” and called on the government to allocate sufficient resources for a proper consideration of the 584-page report.

Lord Justice Jackson’s recommendations included the introduction of:

• Fixed fees for lower value cases
• Qualified one-way cost shifting
• Contingency fees
• Increased compensation awards
• Computer generated settlements.

He also called for an end to recoverable success fees, recoverable ATE premiums, referral fees, the indemnity principle and disproportionate costs.

At his press conference, the judge said: “A costs war has broken out. There has been too much focus on lawyers' remuneration and too little on compensation for victims. If my recommendations are accepted as a whole, it will bring costs back under control while providing access to justice at a proportionate cost. There is a clear link between costs and access to justice.”

Many of the proposals will require primary legislation, which has led some commentators to question whether the recommendations will ever be put into effect.

For an analysis of the report's likely impact on local authorities, click here.