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[PDF] Implications of the Jackson Civil Costs Reforms for Human Rights Cases against Multinational Corporations [UK]
The UK government has recently proposed wide-ranging reforms to the costs regime for civil litigation following a review by Lord Jackson. Theโฆreforms will significantly restrict the ability of claimants and their lawyers to recover legal costs from defendants. They will have particularly devastating consequences for human rights claims against multinational corporations (MNCs)... [in particular:] MNCs will no longer have to pay a success fee in the event that a case against them is successfulโฆMNCs will only have to pay claimantsโ basic legal costs insofar as they are โproportionateโ to the compensation receivedโฆin realityโฆ[this] will mean that wherever the costs of a claim exceed the compensation awarded (which, as explained, is almost inevitable in cases against MNCs), MNCs will have strong grounds for resisting payment of the additional costs, even where they were essential to the success of the caseโฆ[and] [i]nstead of MNCs paying the full costs, the reforms propose that a proportion of the costs are instead taken out of claimantsโ compensation.