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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
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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