7. Controlling The Costs of Disclosure

|Speeches|Lord Justice Jackson

Seventh 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.”

Terms of reference. It will be recalled that my terms of reference for the Costs Review included a requirement to: “Establish the effect case management procedures have on costs and consider whether changes in process and/or procedure could bring about more proportionate costs.”

1.3 Role in implementation. I have subsequently been asked to take a proactive role in relation to the implementation of the Costs Review recommendations, following their endorsement by the Judicial Executive Board and their broad acceptance by the Government. This role includes (a) assisting with the drafting of rule amendments and (b) helping to explain the forthcoming reforms to court users.

1.4 Current reform programme. Some recommendations in the Civil Litigation Costs Review Final Report (“FR”) require primary legislation. The necessary Bill is now before Parliament. If approved by Parliament, it may come into force in October 2012 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.

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