header-logo header-logo

17 October 2013 / Charlie Clarke-Jervoise
Issue: 7580 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Back & forth

rexfeatures_446907p

Charlie Clarke-Jervoise asks, are the courts overriding Jackson?

A recurrent theme identified during the Jackson costs review was that, while judges had an all-encompassing armoury of rules at their disposal, they did not use them sufficiently to manage cases. As a result, court deadlines were still missed, rules and orders breached and costs unnecessarily incurred.

Jackson’s good intentions

Lord Justice Jackson was determined to stop this waste of costs and court time. His new rules, which came into force on 1 April 2013, contained various measures to encourage compliance with rules and court orders. Judges are now specifically tasked with enforcing compliance and CPR 3.9 has been strengthened to discourage them from granting relief against sanctions for breaches of the rules. In addition, the new overriding objective of the CPR requires courts to deal with cases justly and at proportionate cost.

A week before the reforms came into place, Lord Dyson MR (in a lecture to District Judges) explained that: “The tougher,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll