Clifford Chance

The Jackson reforms: what they mean for English commercial litigation

19 March 2013

The Jackson reforms come into force on 1 April 2013. Though aimed primarily at personal injury litigation, the reforms will affect commercial litigation. For example, the rules on disclosure will change, cases could be subject court-determined budgets, and claimants will be encouraged to make settlement offers. The funding of litigation will also change. Success fees payable on conditional fee agreements will no longer be recoverable from the losing party, and lawyers will be able to enter into contingency fee agreements. Not a revolution, perhaps, but the reforms will bring significant changes and, with them, significant challenges, not least for the judiciary.

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