header-logo header-logo

Blowing the budget

Richard Harrison argues that the present structure of case and costs management is misconceived

Every time I get a “Notice of Proposed Allocation”, my heart sinks and my hackles rise. The work required to complete the various documents prescribed to support the Directions Questionnaire is substantial yet ultimately useless. I see hours of pressured speculation to provide information for contribution to a “case management” process. This process will almost inevitably prove to be premature and pointless. 

The accusation that litigation has succumbed to the pressure of front-loading is commonplace but nevertheless correct. What this particular exercise produces is early commitment of resource which fails to advance the interests of justice and indeed makes litigation more expensive and protracted.

The wrong end of the telescope

The judges behind the reforms had a well-intentioned view that early and rigorous judicial case management would make the process cheaper and more efficient. They approached the exercise from a perspective of sitting on the bench, presented

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll