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18 July 2009 / Mike Willis , Naomi Park
Issue: 7380 / Categories: Features , Procedure & practice
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Lean litigation

Mike Willis & Naomi Park hope Jackson LJ’s drive for costs reform will encourage leaner & cleaner procedures

The procedural steps and options for reform being contemplated and examined by Lord Justice Jackson, as part of his wide-ranging review of costs in civil litigation, merit careful reflection by all legal professional advisers in civil contentious business. This is not only for their practical implications if procedural rules are relaxed or altered, but also for the new or additional civil liability risks and dilemmas they may create.
Two areas most prominently in need of re-examination and prospective reform, and illustrative of the problems, are:
pre-action procedures, now well embedded since the 1999 Woolf reforms; and
disclosure of evidence, where the proliferation of electronic records in place of paper documents has created many legal and disciplinary, as well as practical, problems.

Pre-action costs

Lord Justice Jackson has given some space in his preliminary report to exploring how and why pre-action costs are incurred and the devices currently available to parties to keep them in check. There

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NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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