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29 January 2016 / Dominic Regan
Issue: 7685 / Categories: Opinion , Budgeting
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Jackson: this man is not for turning

Sir Rupert’s grand ambitions for future costs reform are breathtaking, as Dominic Regan reports

The audacity of the new Jackson proposals is staggering. Let there be fixed costs across the board in all claims, of whatsoever nature, worth up to £250,000! This was the essence of his speech to the Insolvency Practitioners Association delivered on 28 January.

It will be remembered that in his final report he proposed such an approach for cases worth up to just £25,000 (Review of Civil Litigation Costs: Final Report, January 2010). It never happened. Today, it is in the primary field of modern injury cases that costs are frozen, dependent upon quantum and the stage at which they settle. The time has come for an enormous extension. Why? Budgeting has not received a warm welcome. More than a few judges and practitioners complain that it is an expensive and futile process. The elusive test of proportionality is still wide open.

Nasty problems

Both of these nasty problems will be circumvented

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NEWS

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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