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8. Assessment of costs in the brave new world

|Speeches|Lord Justice Jackson

Eighth lecture in the implementation programme

“This speech represents the personal views of the judge and does not necessarily represent those of the judiciary as a whole.”

1.Introduction

1.1 The text of this lecture is being distributed at the start of tonight’s meeting.The paragraphs of the lecture are numbered for ease of reference during the “Open Forum” later this evening.

1.2 Civil Litigation Costs Review Final ReportThe Civil Litigation Costs Review Final Report (“FR”) was published in January 2010.The FR recommendations have been endorsed by the Judicial Executive Board and broadly accepted by the Government.

1.3 Implementation programme.Some FR recommendations require primary legislation.The necessary Bill is now before Parliament.If approved by Parliament, it may come into force in this year or perhaps somewhat later.Other recommendations in the FR require rule changes, rather than primary legislation.It is intended that these rule changes will come into force on the same date as the Act.The rule amendments are currently being drafted, then presented to the Rule Committee for approval and then held in escrow until the “big bang” date.A Judicial Steering Group (“JSG”) chaired by the Master of the Rolls is overseeing implementation on behalf of the judiciary.

1.4 My roleAs a member of the JSG I have been asked to take a proactive role in promoting and assisting with the implementation of the FR.This role includes (a) assisting with the drafting of rule amendments and (b) helping to explain the forthcoming reforms to court users.I am therefore grateful to KPMG for inviting me to deliver their Annual Law Lecture.I shall take this opportunity to explain the reforms which lie ahead in relation to assessment of costs.

1.5 Relevant chapters of Costs Review Final ReportThe process of assessing recoverable costs is dealt with in FR chapters 44 and 45.Chapter 44 deals with summary assessment and chapter 45 deals with detailed assessment.

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Speeches published on this website are personal views and do not necessarily reflect those of the judiciary as a whole.