CDR: Lord Justice Jackson's legacy

Following Lord Justice Jackson’s recent retirement, Andy Ellis reviews his legacy in CDR, after a decade of costs reform.

In the article, Andy argues that costs budgeting has been broadly accepted, and indeed is bedding in and here to stay. However, damages-based agreements remain unpopular, particularly in higher-cost and higher-risk commercial litigation where there is reluctance to stake the whole of a side’s costs on the outcome. Conditional fee arrangements are seen by many as a safer option. Furthermore, the stand-back proportionality test remains ill-defined, with a lack of guidance available.

Andy concludes that the largest barrier to reform remains the lack of resources in the court system which delays active case management.

Read the article on CDR online here.