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Costs pressure

A cap on the amount of money a solicitor can recover following civil litigation could lead to premature settlements and under-investigation

17 March 2016

Most clients run a mile at the prospect of trust or probate litigation and it is hardly surprising, given the substantial costs likely to be incurred. Solicitors too may run for the hills in light of the seemingly never ending change that is now facing civil procedure.

It is pretty much a truism to say that Lord Woolf's reform of civil procedure, which gave us the Civil Procedure Rules 1998, spectacularly failed to achieve its key goal - to reduce costs. Perversely,
the rules increased costs.

Fast forward to 2009 and we received Lord Justice Jackson's report on Civil Litigation Costs, the so called 'Jackson Report'. Most of his recommendations were directed at reducing costs and were embodied in and introduced on 1 April 2013 through the Legal Aid, Sentencing and Punishment of Offenders Act 2012, accompanied by a new set of Civil Procedure Rules.

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