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Lord Justice Jackson has published his preliminary report as part of his review of litigation cost. This marks the end of phase 1 of the review, the fact finding and preliminary report stage, and the beginning of phase 2, the consultation stage.
Particular attention is given to low value personal injury claims, which appear to continue to be of particular concern to the MoJ. The report says the review will be considering how personal injury litigation costs can be reduced by potentially removing lawyers from lower value claims and/or reducing the costs and disbursements which can be recovered, with the following reforms being considered:
- The upper limit for personal injury damages in the small claims track being raised above £1,000.
- Success fees and/or ATE premiums ceasing to be recoverable;
- A comprehensive fixed costs regime being introduced for all cases in the fast track
To this end, Lord Jackson has raised 5 questions, specific to personal injury litigation:
- What should be the upper limit for personal injury cases on the small claims track?
- Should there be one way cost shifting for personal injury claims?
- Can the transaction costs of personal injuries compensation be reduced?
- How are general damages for personal injuries assessed in other jurisdictions?
- Can the assessment of general damages for personal injuries be made simpler and more predictable in lower value cases?
So, despite the Department for Constitutional Affairs having dealt with the question of whether to raise the small claims limit in their recent consultation, it seems this issue, amongst others, is being raised again and the uncertainty for Claimant solicitors will continue.
The final report is due to be published by 31 December 2009, whereupon it will be up to the government to choose whether any of the proposals will be implemented. All views are welcomed by Lord Jackson during the consultation stage, which is due to be completed by 31 July 2009.
The full preliminary report can accessed by clicking here. |
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