Jackson reforms one year on: Don’t be late (or early)

By Marsden Rawsthorn

09 Apr 2014

A year on from the introduction of the Jackson Reforms, launched as a way to curb claims made through “no-win no-fee” cases, Lancashire-based law firm Marsden Rawsthornhas become aware of a sharp rise in the number of claims and defences being struck out for failure to comply strictly with timetables set by the courts.

According to Marsden Rawsthorn, this rise is a result of a much stricter line from judges across the country in adhering to the timings laid out for processing a claim for damages, as one of the abiding legacies of the wide-ranging changes introduced on 1 April 2013.

The Jackson Reforms have changed the landscape for damages claims over the past year, ending claims management practices that were considered unpalatable by many in the legal profession, including referral ‘kick-backs’ from solicitors to claims management companies. The end of such referral fees has reduced the fixed costs recovered in most personal injury claims by around two thirds and fixed fees were also introduced for public and employer liability claims.

Charles Maher from Marsden Rawsthorn’s Dispute Resolution Team explains: “The Jackson Reforms were introduced following a review into procedure and practice by Lord Justice Jackson and were aimed at speeding cases through the system and reducing costs.

“While the changes have had many positive outcomes for claimants, they have also seen a culture change in the legal system, with judges now much stricter on process. So, whereas previously we could expect to see some flexibility in terms of submitting documentation to court, claimants are now routinely penalised for late submissions and, theoretically, they could even be penalised for submitting early!

“It’s important, in view of this, that claimants do not start court proceedings until everything is completely ready, otherwise the net result could be a lot of wasted time and expense.”

The reforms also included major changes to the rules surrounding ‘no-win no-fee’ insurance policies and claimants’ solicitors’ success fees. Defendants’ insurers are no longer required to pay success fees in the event of a successful claim in return for foregoing costs in the event of a failed claim. This has led to a typical increase in damages of around 10% to enable successful claimants to pay the success fee from the monies awarded by the court. However, there are strict rules in place to prevent lawyers from taking more than 25% of the damages payment.

“Of course,” Charles continues, “the issue of costs doesn’t affect all claims as, alongside the Jackson Reforms introduced last April, the small claims limit at the County Court was raised from £5,000 to £10,000 (remaining at £1,000 for personal injuries), and costs are not generally awarded between the parties at small claims court, no matter who wins or loses.

“However, in cases worth more than £25,000, each party is now obliged to provide a detailed costs budget at least seven days before the first procedural hearing. If this is not ready on time, the judge can disallow all costs, even if the party in breach is successful.

“Recently the Rules Committee has confirmed that parties will shortly be allowed to agree extension times of up to 28 days for the exchange of witness statements, for example, to avoid satellite litigation which, since the reforms were introduced, had been clogging up the courts. “Our advice to all those considering dispute litigation, therefore, is to make sure they are ready before they proceed to issue court proceedings because, in the post Jackson Reform legal system, there is little tolerance for late documentation despite the proposed rule change .”

Enjoyed this? Read more from Marsden Rawsthorn

Latest news

1

Plans unveiled for 1,300 homes near Carnforth Carnforthredlineaerialunder2mb

Plans unveiled for 1,300 homes near Carnforth

01 Oct 2026

2

Leyland Trucks takes on 24 new apprentices Leyland Trucks Apprenticeship Cohort 2026

Leyland Trucks takes on 24 new apprentices

01 Oct 2026

3

Being found matters more than acronyms Francesca Square 1

Being found matters more than acronyms

01 Oct 2026

4

Businesses urged to spread Christmas cheer Tcs0mcjo

Businesses urged to spread Christmas cheer

01 Oct 2026

5

East Lancashire Chamber appoints new membership director Sarah Dean Profile

East Lancashire Chamber appoints new membership director

30 Sep 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Bay Hospitality Forum
Lancaster And Morecambe Logo 1 06 Oct 2026

Bay Hospitality Forum

Lancaster & Morecambe College, Employer Hub, Lancaster, LA1 2TZ

10:00 - 12:00

What did we get for the spend?
Door4 07 Oct 2026

What did we get for the spend?

Crow Wood Hotel & Spa, Burnley, BB12 0RT

09:00 - 12:00

Preston Tech Connection: The Tech Resistance
PTC Square Oct 900 X 900.png.png 07 Oct 2026 - 07 Oct 2026

Preston Tech Connection: The Tech Resistance

Society1, 9-10 Cross Street, Preston, PR1 3LT

18:00 - 19:30

Clubhouse Business Network sponsored by Orca Finance - October 2026
padel-networkpng.png.png 08 Oct 2026

Clubhouse Business Network sponsored by Orca Finance - October 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Seriun Cyber Security Conference
Seriun 15 Oct 2026

Seriun Cyber Security Conference

Turf Moor, Burnley, BB10 4BX.

09:00 - 13:30

The Business Network Central and East Lancashire
Mytton Fold 2 .png.png 15 Oct 2026 - 15 Oct 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Blackburn Darwen Youth Zone Annual Quiz
BDYZ Quiz 15 Oct 2026

Blackburn Darwen Youth Zone Annual Quiz

Accrington Stanley FC, Accrington, BB5 5BX

17:00 - 13:46

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin