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Back & forth

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

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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