Jackson’s unanswered questions

12 Sep 2017

Lord Justice Jackson cited the positive development of costs budgeting as the key reason for pulling back from the more radical end of possible recommendations on extending fixed recoverable costs.

But, more than four years in, there remain plenty of unanswered questions, with the complications added by incurred costs at the heart of many of them. Indeed, Jackson LJ recognised this in his report, saying the issue had been highlighted by both claimant and defendant lawyers, but that now was not the time to implement the solution.

He recorded that a review of 191 claimant and 183 defendant budgets showed that, on average, incurred ...

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