The Ministry of Justice (MoJ) consulted in November 2010 on the implementation of a package of measures recommended in Lord Justice Jackson’s Review of Civil Litigation Costs. Following the consultation the Government’s response paper (published on 29 March 2011) set out the measures the Government intended to take forward. The response indicated that the MoJ intended to work with stakeholders to develop the detail of the proposals.
The CJC expert working party will help develop practical proposals to assist with the implementation of secondary legislation (regulations, court rules) in the following areas:
- Qualified one way costs shifting – atypical cases and behavioural aspects
- Introduction of an additional sanction/reward under Part 36
- The detail of the proportionality test – content of a Practice Direction – examples of when the test should not be applied.
The working party will consider the key options and issues raised by respondents to the consultation and identified in the response paper and any additional issues identified as a result of members’ own experience.
The working party will not be revisiting the policy objectives set out in the Government response but will focus on the practical measures which may be required to give effect to the proposals. The detailed drafting of any secondary legislation will be a matter for the Civil Procedure Rule Committee and/or Government lawyers and is outside the party’s remit.
The working party will develop and prepare papers setting out realistic optional solutions in each of the three areas and advice on the pros and cons of each option by the end of September 2011.
Forward Plan of Work
It is envisaged that the CJC will convene a workshop to be attended by a range of experienced practitioners (including claimant/defendant experts in all key civil law areas affected by the proposals such as personal injury, clinical negligence, housing, defamation, nuisance, actions against the police, judicial review). The purpose of the workshop will be to provide feedback on MoJ/CJC developed proposals for secondary legislation on QOCS, Part 36, proportionality and possibly other areas.
This workshop took place in London on 31 October 2011 attendend by just over eighty delegates.
CJC Working Group on Technical Aspects of Jackson Implementation: Options for proportionality, Part 36 Offers and Qualified One Way Costs Shifting
On Monday 31 October 2011 delegates discussed the options of the paper produced by the Working party.
Summaries from the three break out groups QOCS, Part 36 and Proportionality and a report of the event by Beverley Barton, Editor of Dispute Resolution, are attached below:
- CJC Working paper
- QOCS break out group summary
- Part 36 break out group summary
- Proportionality break out group summary
- Report of the event by Beverly Barton
- Chair: Alistair Kinley – Berrymans Lace Mawer
- Janet Tilley – Coleman Tilley
- John Usher – USDAW
- Colin Stutt – formerly of the Legal Services Commission
- Mark Harvey – Hugh James
- Nick Bacon QC – 4 New Square
- Howard Grand – Aviva
- David Fisher – AXA
- David Bott – (APIL President) Bott & Co
- David Marshall – The Law Society
- Don Clarke – (FOIL Vice President) Keoghs
- Judith Gledhill – Thompsons
- Hardeep Nahal – McGuireWoods
- Graham Huntley – Hogan Lovells
- Mandy Knowlton – Rayner Norfolk County Council
- Kay Majid – Tesco plc
- Kathryn Mortimer – DAS
- Rocco Pirozzolo – QBE
- Hilary Homfray – Birmingham City Council
Further appointments to the working party will be confirmed in the coming weeks – this list will be updated as soon as additional members are appointed.