Reference: Jackson Review of Civil Litigation Costs
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Overview Justice Jackson Litigation Funding
The Jackson Review of Civil Litigation Costs is one of the foundational texts on the subject of controlling litigation costs and litigation funding. Drafted by the Right Honourable Lord Justice Jackson, the forward of the book succinctly describes the goal of the review: “In some areas of civil litigation costs are disproportionate and impede access to justice. I therefore propose a coherent package of interlocking reforms, designed to control costs and promote access to justice.” The review is exhaustive, covering every aspect of litigation funding and costs from every angle, including:
Analysis of the current costs of civil litigation
Methods of funding litigation
Assessment of costs
Costs of personal injury and other specific types of litigation
Controlling the costs of litigation
Recommendations and required legislation
In Chapter 11, Justice Jackson gives specific standards for third-party litigation funding, effectively endorsing the practice:
A satisfactory voluntary code, to which all litigation funders subscribe, should be drawn up. This code should contain effective capital adequacy requirements and should place appropriate restrictions upon funders’ ability to withdraw support for ongoing litigation
The question whether there should be statutory regulation of third party funders by the FSA ought to be re-visited if and when the third party funding market expands.
Third party funders should potentially be liable for the full amount of adverse costs, subject to the discretion of the judge.