Jackson costs appeals team includes Jackson

Lord Dyson, the Master of the Rolls, has announced the names of the lord justices who will join him at the Court of Appeal to deal with the expected deluge of challenges over the Jackson reforms.

They are Lord Justice Jackson, Lord Justice Stephen Richards, the deputy head of civil justice, Lord Justice Davis and Lord Justice Lewison.

At least one of the five designated judges must be on the bench for all appeals relating to the Jackson reforms.

The move was recommended by Jackson LJ in his final report on civil litigation costs, though the report recommended two judges rather than five.

Stephen Richards LJ succeeded Lord Moore-Bick as deputy head of civil justice on 1 January this year. Along with Lord Dyson, he is an ex officio member of the civil procedure rule committee.

Lord justices Davis and Lewison are relatively new to the Court of Appeal, having been appointed in October 2011.

David Marshall, managing partner of Anthony Gold, said: "There is an awful lot that needs to be clarified in the new system, but it has been designed by Lord Justice Jackson to be appeal proof.

"First instance judges have been given a huge amount of discretion on proportionality and sanctions, and the Court of Appeal has promised to back them up.

"There's definitely a need to achieve consistency but the system will make it difficult for many appeals."

Marshall warned that where the costs at stake were less than £75,000, judges could make decisions on the papers without giving reasons. A solicitor who wanted to take the matter to an oral hearing risked losing his costs unless the amount awarded was increased by at least 20 per cent.

However Marshall added that the fact five designated judges were appointed rather than two perhaps indicated that the Court of Appeal was concerned about the number of challenges.

Tom Blackburn, national advocacy manager at Just Costs, described the five designated judges as "a tough line-up for appellants".

Blackburn said Jackson LJ had promised to take a "very hard line" on applications for relief from sanctions and Lord Justice Lewison had condemned a "culture of delay and non-compliance" in the final civil costs report.

The decision to appoint five judges instead of two could be an indication of the high number of appeals the court was expecting over the next few years.

"We have two decisions, one from a county court in Liverpool the other from a master in London, that we will be appealing because we believe the courts have been far too lenient.

"Different district judges are making different decisions all over the country, especially on sanctions and proportionality."

Lord Dyson, who succeeded Lord Neuberger as Master of the Rolls in October last year, warned at the annual district judges' seminar in March that the Jackson reforms meant that in some cases courts may have to make decisions on less evidence that in the past.

"We have limited resources," Lord Dyson said. "Demand for those resources outstrips that limit. We have to cut our cloth accordingly."

Copyright & permissions