Legal Skills And Procedures Essay
EGEDE ESTHER OSINACHI 1400547
[email protected] LEGAL
SKILLS AND PROCEDURES ESSAY FOR JULY 2014 The Master of the Rolls
instructed Lord Justice Jackson to review the rules and principles governing the
costs of civil litigation and to make recommendations in order to promote access to
justice at proportionate cost . How far and to what extent do you think the
objectives of the civil justice review have been achieved? The English Legal system
is a common law system; its study applies to the powers, procedures and activities of
the group of courts and statutory tribunals in England and Wales and the people who
work in it. It is divided into the civil and criminal courts, and is responsible for the
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The objectives of the civil justice review and its content is a coherent package of
interlocking reforms and recommendations aimed at controlling these costs which
compared to the damages or debts at stake had become ridiculous. Furthermore, it
recommended ways of promoting access to justice at a proportionate cost. It also
required the reviewing of case management procedures; having regard to research
into costs and funding; to consult widely and compare the British civil litigation
costs regime with those of other jurisdictions; and to prepare a report setting out
recommendations with supporting evidence. The primary costs recommendations
are: recoverability of success fees and After The Event insurance premiums
abolished, the general level of damages increased by 10%, introduction of the
regime of qualified and one way cost shifting (QOCS), capping lawyers deduction
for success fees to 25% of damages, banning purchasing of cases and payment of
referral fees by lawyers, and moving to fixed costs in fast track personal injury
cases. In considering the achievement of the objectives of the Jackson reforms, there
has to be knowledge of the period before its introduction the Woolf reform period and
its current state to see what impact it has had on the cost of litigation. The