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11 December 2019 / Colin Campbell
Issue: 7868 / Categories: Features , Procedure & practice
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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

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Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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