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A day in the life of a post-Jackson litigator (Pt 1)

Tracey Stretton & Mark Surguy offer some tips on litigation tactics in the post-Jackson world
 

The Jackson reforms brought disclosure practice in line with the regime that was already developing after the implementation of the Woolf reforms in 1999, culminating in the introduction of Practice Direction 31B to the Civil Procedure Rules (CPR) in October 2010.

PD 31B aimed to encourage parties to collaborate over the scope of the search for relevant material. It was intended that the parties seek to agree an approach to disclosure. It was even stated that a report, or summary, setting out the areas of agreement and disagreement in relation to electronically stored information, should be provided at the case management conference (CMC).

All of these requirements are reiterated in the amended disclosure rules. For example, r 31(5)(3) requires a report describing the approach to be taken to disclosure. Similarly, the introduction of the “menu” approach to disclosure in the new r 31.5(7), really only emphasises

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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.

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