Avoiding another costs war

In an important article entitled ‘ Taking up arms’ in the Law Society Gazette of 15 March, Jeremy Morgan QC, one of the assessors on the Jackson Review, attempted to avert what he foresaw as Costs War II arising out of the proposed amendments to the CFA regime which he says will leave the statutory provisions in an even more complex state than they are at present. At the same time the proposed extension of the damages-based agreement (DBA) regime beyond the employment tribunal will create both the incentive and the opportunity for challenges to the enforceability of DBAs by opposing parties.