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28 November 2019 / Colin Campbell
Issue: 7866 / Categories: Features , Procedure & practice , Litigation trends
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Litigation trends: Jackson reviewed

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Colin Campbell presents a two-part masterclass on the interpretation & implementation of the Jackson reforms a decade on from the publication of Sir Rupert’s Final Report
  • Sir Rupert Jackson’s triage of flagship reforms. Costs management & costs budgeting & proportionality feature in Pt 1; the electronic bill will be the headline act in Pt 2.

In November 2008, the then Master of the Rolls, Sir Anthony Clarke, appointed Sir Rupert Jackson to lead a fundamental review into the costs of civil litigation. A year later, on 21 December 2009, Sir Rupert published the results of his appointment in his ‘Review of Civil Litigation Costs: Final Report’.

This was a remarkable achievement for its speed of delivery, and whatever anyone thought of its contents, the Report was a model of logic and clarity of expression. Once digested by the powers that be (the Ministry of Justice, the Civil Procedure Rule Committee and the Senior Judiciary), most of Sir Rupert’s recommendations found their way into law, either by primary legislation

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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