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08 August 2014 / David Bridge
Issue: 7618 / Categories: Features , Procedure & practice , Arbitration
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Bespoke Jackson

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Arbitration & the Jackson reforms—who learns from whom? David Bridge investigates

The major reform of civil procedure in England and Wales heralded by the “Jackson Reforms” introduced in April 2013 has introduced new procedures for case management into English litigation. Foremost among these is how the court can manage the cost of litigation, with the aim of making litigation quicker and cheaper. Might some of the ideas from these reforms ultimately be adopted in international arbitration? Or is it simply a case of the courts catching up? A case of litigation following arbitration?

A parallel world?

Arbitral institutions know that efficient management of cases will bring repeat business and the theme of the Jackson report is not without parallel in the world of arbitration. Perhaps most notably, the International Chamber of Commerce (ICC) addressed similar issues to the Jackson report in its 2007 Report on Techniques for Controlling Time and Costs in Arbitration, updated following the publication of the 2012 ICC rules (the ICC Report).

The ICC report contains a series of recommendations

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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