Rules for post-Jackson civil justice system set out by MOJ
Industry News : 21 February 2013
The Ministry of Justice has outlined how the Jackson reforms will work when the majority come into effect on April 1st.
The department lays out the Civil Procedure (Amendment) Rules which will set out the future direction of civil justice in a statutory instrument laid down in parliament.
Sections outlined include cost management, cost capping, qualified one-way cost-shifting and damages-based agreements.
As expected in the amended rules, changes to conditional fee agreements do not apply to insolvency-related proceedings, publication and privacy proceedings or a mesothelioma claim.
Chair of the Motor Accident Solicitors Society, Craig Budsworth, said it was important to note that the 10% rise in damages – promised as part of the Jackson changes – was absent from the rules. This would mean the judicial guidelines would have to be altered to ensure protection for victims of accidents.
‘We must be cautious now moving forward and not rush into more reform before these changes have had a chance to bed in.
‘It is important to ensure that the whole package of Jackson reforms is implemented and there is that vital balance between the claimant and defendant in the system.’