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Jackson Civil Litigation Costs Review – Impact on the Personal Injury Market

In November 2008 the then Master of the Rolls, Sir Anthony Clarke, asked Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate cost. Lord Justice Jackson published his preliminary report on 8 May 2009; it consisted of two volumes over 650 pages and contained a detailed analysis of his research. It reviewed the current costs and impact of civil litigation and examined the behaviour of those connected to litigation whether a party to the litigation, a lawyer, expert or other interested parties such as insurers and claims managers. The final report published on 14 January 2010 was no less impressive. However his conclusions have been controversial. Although he has considered all areas of civil litigation, the greatest impact of his reforms, if implemented, will undoubtedly be in the area of personal injury (PI). To understand the impact on the PI market it is necessary to examine the shifting marketplace that has led to a dramatic increase in claims in recent years.