Jackson reforms one year on: Don’t be late (or early)

By Marsden Rawsthorn

09 Apr 2014

A year on from the introduction of the Jackson Reforms, launched as a way to curb claims made through “no-win no-fee” cases, Lancashire-based law firm Marsden Rawsthornhas become aware of a sharp rise in the number of claims and defences being struck out for failure to comply strictly with timetables set by the courts.

According to Marsden Rawsthorn, this rise is a result of a much stricter line from judges across the country in adhering to the timings laid out for processing a claim for damages, as one of the abiding legacies of the wide-ranging changes introduced on 1 April 2013.

The Jackson Reforms have changed the landscape for damages claims over the past year, ending claims management practices that were considered unpalatable by many in the legal profession, including referral ‘kick-backs’ from solicitors to claims management companies. The end of such referral fees has reduced the fixed costs recovered in most personal injury claims by around two thirds and fixed fees were also introduced for public and employer liability claims.

Charles Maher from Marsden Rawsthorn’s Dispute Resolution Team explains: “The Jackson Reforms were introduced following a review into procedure and practice by Lord Justice Jackson and were aimed at speeding cases through the system and reducing costs.

“While the changes have had many positive outcomes for claimants, they have also seen a culture change in the legal system, with judges now much stricter on process. So, whereas previously we could expect to see some flexibility in terms of submitting documentation to court, claimants are now routinely penalised for late submissions and, theoretically, they could even be penalised for submitting early!

“It’s important, in view of this, that claimants do not start court proceedings until everything is completely ready, otherwise the net result could be a lot of wasted time and expense.”

The reforms also included major changes to the rules surrounding ‘no-win no-fee’ insurance policies and claimants’ solicitors’ success fees. Defendants’ insurers are no longer required to pay success fees in the event of a successful claim in return for foregoing costs in the event of a failed claim. This has led to a typical increase in damages of around 10% to enable successful claimants to pay the success fee from the monies awarded by the court. However, there are strict rules in place to prevent lawyers from taking more than 25% of the damages payment.

“Of course,” Charles continues, “the issue of costs doesn’t affect all claims as, alongside the Jackson Reforms introduced last April, the small claims limit at the County Court was raised from £5,000 to £10,000 (remaining at £1,000 for personal injuries), and costs are not generally awarded between the parties at small claims court, no matter who wins or loses.

“However, in cases worth more than £25,000, each party is now obliged to provide a detailed costs budget at least seven days before the first procedural hearing. If this is not ready on time, the judge can disallow all costs, even if the party in breach is successful.

“Recently the Rules Committee has confirmed that parties will shortly be allowed to agree extension times of up to 28 days for the exchange of witness statements, for example, to avoid satellite litigation which, since the reforms were introduced, had been clogging up the courts. “Our advice to all those considering dispute litigation, therefore, is to make sure they are ready before they proceed to issue court proceedings because, in the post Jackson Reform legal system, there is little tolerance for late documentation despite the proposed rule change .”

Enjoyed this? Read more from Marsden Rawsthorn

Latest news

1

University-led 4.9 million initiative to turbocharge North West England’s cyber ambitions The data immersion suite at Lancaster University

University-led 4.9 million initiative to turbocharge North West England’s cyber ambitions

20 Nov 2024

2

Staci UK earns Great Place to Work® certification, amid major expansion plans Staci UK Fulfilment teams

Staci UK earns Great Place to Work® certification, amid major expansion plans

20 Nov 2024

3

Harrison Drury merges with specialist Merseyside law firm John Chesworth, Adele Spence, John Osborne

Harrison Drury merges with specialist Merseyside law firm

20 Nov 2024

4

Better transport links are key if Lancashire is to drive up productivity Katie Day strategy director at Transport for the North

Better transport links are key if Lancashire is to drive up productivity

19 Nov 2024

5

Farleys strengthens Private Client Team with Preston appointment Katy Shakeshaft and Victoria Marsh from Farleys

Farleys strengthens Private Client Team with Preston appointment

19 Nov 2024

PC PrestonMacan GIF980x120
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
The Lancashire Festival of Business
FOB 315
Exhibitions
30 Jan 2025

The Lancashire Festival of Business

Impact Conferencing, Burnley, BB12 6QP

09:00 - 16:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
11 Jun 2024 - 04 Dec 2024

RISE - The Academy for Female Leaders and Managers

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 16:30

Skills Bootcamp in Procurement - Cohort 2
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Seminars
15 Oct 2024 - 17 Dec 2024

Skills Bootcamp in Procurement - Cohort 2

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

Emergency First Aid at Work
Chamber Logo1.png.png
LBV Hub Seminars
21 Nov 2024

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 05:00

SPARK The Apprenticeship Marketplace
UCLanAerialCampus.jpg.jpg
LBV Hub Networking
21 Nov 2024 - 21 Nov 2024

SPARK The Apprenticeship Marketplace

University of Central Lancashire, Preston, PR1 2HE

09:30 - 13:00

Blackburn & Darwen Youth Zone Quiz Returns for 10th Year!
Quiz Pic.jpg.jpg
LBV Hub Fundraisers
21 Nov 2024 - 21 Nov 2024

Blackburn & Darwen Youth Zone Quiz Returns for 10th Year!

Accrington Stanley Football Club, Accrington, BB5 5BX

17:00 - 20:30

Lancashire Business Day 2024
231124LBVLancashireDayEventweb 5782
Networking
22 Nov 2024

Lancashire Business Day 2024

Blackburn Rovers Football Club, Blackburn, BB2 4JF

12:00 - 17:00

NLP Diploma Foundations
nlp nov 24.png.png
LBV Hub Seminars
22 Nov 2024 - 24 Nov 2024

NLP Diploma Foundations

Unlocking Possibilities training venue, 166 Waterloo Road , Blackpool, FY4 2AF

09:00 - 17:00

CQI and IRCA Lead Auditor Training Course ISO 9001 – Quality Management Systems (QMS) - REMOTE
IRCA-Certified-Course.jpg.jpg
LBV Hub Webinar
25 Nov 2024 - 29 Nov 2024

CQI and IRCA Lead Auditor Training Course ISO 9001 – Quality Management Systems (QMS) - REMOTE

Via MS Teams Link - RKMS Group , Blackpool, FY4 2DP

09:00 - 17:00

Preston Freelancer Meet-Up
Freelancer-Meet-Up-Nov.png.png
LBV Hub Networking
26 Nov 2024 - 26 Nov 2024

Preston Freelancer Meet-Up

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 11:00

Chamber Breakfast Networking
Chamber Logo.jpg.jpg
LBV Hub Networking
27 Nov 2024 - 27 Nov 2024

Chamber Breakfast Networking

Lancaster Golf Club, Ashton Hall, Lancaster, LA2 0AJ

08:00 - 10:00

Kickstart Networking - End of Year Celebration
Gold White Simple Christmas Party Instagram Post (Square).png.png
LBV Hub Networking
29 Nov 2024

Kickstart Networking - End of Year Celebration

Esc CC, Clitheroe, BB7 2DA

17:00 - 21:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV118 Online Graphic
Subscribe now

Weekly news bulletin