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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast aims to examine the arguments flowing from what many pracitioners regard as the insoluble problem in reconciling cheap justice with a rigorous judicial process.

This podcast on the Jackson proposals breaks down the issue of costs into a number of discrete areas. This podcast aims to examine the arguments surrounding cost shifting and capping, the proposed abolition of the indemnity principle and what possible benefits that might bring. Has pre-action conduct both helped and hindered in the expeditious resolution of disputes? Attention is also addressed to the wider question of the adequacy of the court's case management powers to control costs and encourage parties into ADR, the implications of this review on access to justice, the faltering legal aid system and what alternatives might be considered as a means to fund civil litigation.

After completing the course you will:
  • Understand the key proposals set out in the Jackson report;
  • Be aware of the arguments in relation to possible cost capping in certain cases and the proposed changes to the 'loser pays' principle;
  • Be aware of the likely consequences that would flow from the abolition of the indemnity principle;
  • Understand the arguments for and against the current pre-action conduct regime;
  • Be aware of the proposals Jackson has made with regard to disclosure and the greater use of e-disclosure and the proposed new CPR Part 31.5A;
  • Understand the possible reasons why active case management by judges has failed to bring down the costs of litigating and how judges might encourage parties in the future to enter into ADR;
  • Understand the access to justice implications of litigation costs and how civil Legal Aid might be supplemented by Jackson's proposals as a means to fund litigation.
General Interest Difficulty: 2 of 5
Legal Principles
Panel Discussion
Sources and References:
  • Review of Civil Litigation Costs, Sir Rupert Jackson (2010);
  • CPR Part 31 and accompanying Practice Direction;
  • CPR Part 3.

This podcast is a review of some of the recommendations contained in Lord Justice Rupert Jackson's Cost Review published in January 2010. This podcast will focus on the proposals relating to cost shifting, pre-action conduct and disclosure, case management by judges and access to justice.

Podcast added: 11/03/10

Podcast last reviewed: 2011-10-31

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