As indicated in its response paper to Jackson (March 2011), the Government has convened a Civil Justice Council (CJC) expert working party to help develop practical proposals to assist with the implementation of secondary legislation in the following areas:

  • Qualified one way costs shifting (QOCS): atypical cases and behavioural aspects
  • Introduction of an additional sanction/reward under CPR Part 36
  • The detail of the proportionality test: content of a Practice Direction and examples of when the test should not be applied.

The working party will develop and prepare papers setting out realistic optional solutions in each of the three areas and the pros and cons of each option by the end of September. It is envisaged that the CJC will then convene a workshop (towards the end of October) to be attended by a range of experienced practitioners, to provide feedback on proposals for secondary legislation on QOCS, Part 36 and proportionality (and possibly other areas).