header-logo header-logo

A constant revolution?

10 February 2011 / David Greene
Issue: 7452 / Categories: Opinion
printer mail-detail

Two recent decisions in different tribunals could not have been timed any better to liven up the debate raised in Jackson LJ’s proposals for civil costs reform and the government’s green paper.

David Greene reflects on the Jacksonian effect

Two recent decisions in different tribunals could not have been timed any better to liven up the debate raised in Jackson LJ’s proposals for civil costs reform and the government’s green paper.

A case in point

The decision in MGN Ltd v UK (App no 39401/04),[2011] All ER (D) 143 (Jan) by the European Court of Human Rights (ECtHR) explores the relationship between Art 6 (access to justice) and Art 10 (freedom of speech). This raises some fascinating issues about the effect, or “chilling effect” as the ECtHR repeatedly quotes, that the recovery of the success fee on conditional fee agreements has upon the defendant.

Whether it has wider implications outside the defamation/privacy field remains to be seen but certainly it provides the pro-Jackson lobby with a shot in the arm in its bid to

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
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
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
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll