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The Civil Procedure Rules at 20$
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Andrew Higgins

Print publication date: 2020

Print ISBN-13: 9780198863182

Published to Oxford Scholarship Online: October 2020

DOI: 10.1093/oso/9780198863182.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 October 2021

Civil Justice Reform

Civil Justice Reform

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Chapter:
(p.89) 8 Civil Justice Reform
Source:
The Civil Procedure Rules at 20
Author(s):

Rupert Jackson

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198863182.003.0008

This short chapter summarises the philosophy which underlies the package of reforms, for which I was responsible. Controlling costs in advance, either by ad hoc budgeting or by fixed costs for lower value cases was essential. So was the abolition of recoverable success fees and recoverable ATE insurance premiums, since these drove up litigation costs unacceptably. Another essential element of the reforms was increasing the range of methods available for funding litigation. This recommendation has led to an increase in the use of third party funding and the enactment regulations to permit damages based agreements (otherwise known as contingency fees). Those regulations have some technical defects, but there is now a report before the Ministry of Justice explaining how such defects should be put right, and it is hoped those recommendations will be carried forward by the Ministry of Justice.

Keywords:   costs shifting, costs budgeting, fixed recoverable costs, conditional fee agreements, damages based agreements

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