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MoJ Extension & LJ Jackson’s Civil Costs Proposals

MoJ Extension & LJ Jackson’s Civil Costs Proposals. Simon Johnson 14 May 2012. MoJ – Key Proposals. Eligible RTA claims - £10k > £25k EL and PL claims to be added to portal. MoJ – Key Proposals. Is the current scheme a success? Reduced cost:- Stage 1 - £400 Stage 2 -£800 Stage 3 - £500

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MoJ Extension & LJ Jackson’s Civil Costs Proposals

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  1. MoJ Extension & LJ Jackson’s Civil Costs Proposals Simon Johnson 14 May 2012

  2. MoJ – Key Proposals Eligible RTA claims - £10k > £25k EL and PL claims to be added to portal

  3. MoJ – Key Proposals Is the current scheme a success? Reduced cost:- Stage 1 - £400 Stage 2 -£800 Stage 3 - £500 Web portal a magnet for criminal activity? Are EL/PL claims suitable for the scheme? Disease/construction/product claims too?

  4. MoJ – Key Proposals Adjusting to Change Portal stability How long to investigate properly? Clinical negligence? No increase to fast-track limit Fast track – fixed recoverable costs Timescale

  5. MoJ – Key Proposals Helping policyholders adjust To ensure immediate notification Review KPIs for investigations Dedicated portal team? Impact of increased claims Increased operational costs

  6. In the beginning there was…

  7. Meet the new Costs Avengers

  8. Meet the new Costs Avengers

  9. Meet the new Costs Avengers

  10. Meet the new Costs Avengers

  11. Claimant Costs Schedule: Fast-Track

  12. Claimant Costs Schedule: Fast-Track

  13. Claimant Costs Schedule: Fast-Track

  14. How did we get to this? Lord Woolf’s Reforms Two key aims:- Reduce delay – a success Reduce cost – sadly, no

  15. How did we get to this? Escalation of costs driven by Access to Justice Act 1999

  16. How did we get to this?

  17. How did we get to this?

  18. Key Proposals Success Fees/ATE premia – irrecoverable Success fees payable by client

  19. Key Proposals Success fees capped at of general damages

  20. Key Proposals Awards of general damages for PSLA to be increased by

  21. Key Proposals Referral fees abolished

  22. Key Proposals Fixed fees for fast-track personal injury cases Increased use of summary assessment Damages–Based Agreements (Contingency Fees)

  23. Key Proposals

  24. QOCS Qualified one-way costs Shifting C will not pay D’s costs if unsuccessful D will pay C’s costs if successful

  25. QOCS Interaction of QOCS with P36 CPR?

  26. QOCS Interaction of QOCS with P36 CPR? Remember C will lose 25% of general damages in the success fee

  27. QOCS Interaction of QOCS with P36 CPR? Remember C will lose 25% of general damages in the success fee BUT

  28. QOCS Interaction of QOCS with P36 CPR? Remember C will lose 25% of general damages in the success fee BUT Be assisted by:-

  29. QOCS Interaction of QOCS with P36 CPR? Remember C will lose 25% of general damages in the success fee BUT Be assisted by:- a) 10% uplift on general damages +

  30. QOCS Interaction of QOCS with P36 CPR? Remember C will lose 25% of general damages in the success fee BUT Be assisted by:- a) 10% uplift on general damages + b) Uplift of 10% on total damages if P36 offer effective (capped at £75,000)

  31. Can D ever recover their costs? C’s costs liability constrained by QOCS

  32. Can D ever recover their costs? C’s costs liability constrained by QOCS But if C recovers less than D’s P36 offer:-

  33. Can D ever recover their costs? C’s costs liability constrained by QOCS But if C recovers less than D’s P36 offer:- 1) D pays C pre-offer costs

  34. Can D ever recover their costs? C’s costs liability constrained by QOCS But if C recovers less than D’s P36 offer:- 1) D pays C pre-offer costs 2) C pays D post-offer costs

  35. Can D ever recover their costs? C’s costs liability constrained by QOCS But if C recovers less than D’s P36 offer:- 1) D pays C pre-offer costs 2) C pays D post-offer costs Caveat

  36. Can D ever recover their costs? C only ever pay D costs with regard to all the circumstances:- i) C’s financial resources ii) Parties’ conduct

  37. What conduct will make C lose costs protection?

  38. What conduct will make C lose costs protection?

  39. What conduct will make C lose costs protection?

  40. Back to Naomi…

  41. Back to Naomi…

  42. MGN Ltd v Campbell [2011] ECHR held that success fee breached MGN’s right to freedom of expression Back to Naomi…

  43. MGN Ltd v Campbell [2011] ECHR give LJ Jackson a shot in the arm. Access to justice (Art 6) must be balanced with freedom of speech (Art 10) Back to Naomi…

  44. The Legal Aid, Sentencing and Punishment of Offenders Bill

  45. The Legal Aid, Sentencing and Punishment of Offenders Bill Provisions not in the Bill (but which will be introduced)

  46. The Legal Aid, Sentencing and Punishment of Offenders Bill Provisions not in the Bill (but which will be introduced) QOCS

  47. The Legal Aid, Sentencing and Punishment of Offenders Bill Provisions not in the Bill (but which will be introduced) QOCS New proportionality Test

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