header-logo header-logo

11 December 2019 / Colin Campbell
Issue: 7868 / Categories: Features , Procedure & practice
printer mail-detail

Litigation trends: Jackson reviewed (Pt 2)

Having focused on case management & proportionality in his first update, Colin Campbell now turns his attention to Sir Rupert’s third interlocking reform—the electronic bill
  • Costs budgeting does not necessarily save any costs or achieve fairness through facilitating ‘Access to Justice’. On the contrary, budgeting in conjunction with proportionality is leading to unjust outcomes.

Part one looked at two of Sir Rupert Jackson’s flagship recommendations, costs management (encompassing costs budgeting) and proportionality under Civil Procedure Rule (CPR) 44.3(5) in force from 1 April 2013. Part two concentrates on recommendation 6.1(i) to (iv) of Chapter 45—the Electronic Bill of costs and goes on to review how the three are working in practice and whether they are fulfilling Sir Rupert’s aim of improving ‘Access to Justice’.

Prior to his report and indeed until 6 April 2018, a winning party entitled to costs needed to present their bill using the tried and tested paper formula under CPR 47.6 PD 5.12.

When writing his report, Sir Rupert complained that the paper bill was

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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll