Its conclusions condemn the “no win, no fee” agreements saying that these “have been the major contributor to disproportionate costs” and recommends the abolition of the success fees which ‘penalise’ the losing litigant and are paid over and above the actual court costs incurred, suggesting that these should instead by paid by the winning litigant from the damages awarded (which should as a result be increased by 10%). It also highlights the practice (perhaps an unfortunate import from the US) of the payment by lawyers of referral fees to insurance assessors so as to obtain more work and recommends its immediate abolition. The report also supports the trend of the recent legislation in moving towards a greater use of pre-action protocols,  alternative dispute resolution (ADR), disclosure and case and costs management by the judiciary.