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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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