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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll