Implementing the Jackson Report on litigation costs

Implementation of the Jackson Report on costs is causing some concern for those wanting to claim compensation in the courts.  In his report, Lord Justice Jackson has indicated that the current system of costs operates unfairly and has recommended a number of changes to the way costs will be borne by the parties once litigation has been concluded.  In particular, it now seems likely that the success fees under conditional fee agreements and the insurance premiums paid by litigants in respect of policies which will cover their potential liability to costs if their claim is unsuccessful are not going to be recoverable from the defendant.  Whilst no win no fee litigation will still be available, the total amount that the claimant might be entitled to recover is likely to be severely reduced as a result.