With the Legal aid, Sentencing and Punishment of Offenders bill having received royal assent on 1st May 2012, you would be forgiven for thinking that all is set to change imminently.

It is thought that the very foundation of fast-track change, the introduction of fixed costs, may well not occur until next year. Whilst a new proportionality test has been agreed by the rules committee, no Practice Direction has been written to accompany it with some experts commenting that this will lead to “a free for all and satellite litigation will roar away.”

Lord Jackson was eager for this because it would enforce proportionality upon litigants, or more accurately, what the legislature considered proportionate. The aim was to reward efficiency, not inefficiency, with a tariff introduced to encourage the speedy, efficient resolution of disputes.

Now that the Bill has received Royal Assent, we will finally begin to see how it is proposed that the Jackson review be implemented in full by rules, regulations and, in due course, judicial decisions.

If you require any further information with regards to any of the issues, please do not hesitate to contact Zoe Benn on 01780 482651 or at zoe.benn@helierbenn.com

10/05/12