Overview

The Ministry of Justice has published its consultation entitled ‘Proposals for Reform of Civil Litigation Funding and Costs in England and Wales – Implementation of Lord Justice Jackson's recommendations’.

As anticipated following the government's announcement to Parliament this summer, the consultation seeks views on Lord Justice Jackson's recommendations that:

- conditional fee agreement success fees and after the event insurance premiums should cease to be recoverable from the opposing party in litigation; and

- contingency fees or "damages-based agreements" should be permitted for court litigation.

The consultation also seeks views on proposed reforms to the Part 36 offer regime, which are likely to be of interest to commercial clients. This briefing from Herbert Smith has the details.

To read more, click 'View Briefing'.