header-logo header-logo

01 April 2014 / James Arrowsmith
Categories: Opinion
printer mail-detail

Jackson’s birthday blues

The profession must use the Jackson reforms as a platform for change, says James Arrowsmith

Thompsons Solicitors say it has created a “climate of fear”, the City of London Law Society describes it as “punitive and formalistic—even anachronistic”. The change in costs and case management introduced by Lord Justice Jackson has certainly caught the attention of the profession.

Practical impact

Two cases provide striking examples of the impact the reforms can have on individual claims:

  • Mitchell v News Group Newspapers Limited [2013] EWCA Civ 1537 is now synonymous with tough costs management, having had his recoverable costs (which might otherwise have been in the region of £500,000) limited to court fees, for failing to file a budget.
  • Newland Shipping & Forwarding Ltd v Toba Trading FZC [2014] EWHC 210 (Comm) saw two defendants subject to a combined judgment of $7m for failing to provide proper disclosure or serve witness statements on time, and fail in their application for relief from sanctions.

However, it is easy to focus on the outcomes of cases without considering the

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

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
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
back-to-top-scroll