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

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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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