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A matter of interpretation

08 January 2014 / Dominic Regan
Issue: 7589 / Categories: Opinion
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What does 2014 hold for the Jackson reforms, asks Dominic Regan

It is over before it began. The speedy, decisive and blunt judgment in Mitchell v News Group Newspapers [2013] EWCA Civ 1537, [2013] All ER (D) 314 (Nov), represents the real implementation of the Jackson reforms. Oh yes we had new words back in April but interpretation is everything. Any doubt should now evaporate.

A matter of default

Contrary to the views expressed by some this case was really nothing to do with budgeting. It was about default and the way that courts should deal with non-compliance. The offending breaches were in the context of the defamation pilot scheme which had been running for years already.

The Master of the Rolls went out of his way to praise the costs judge.

Lord Dyson rightly acknowledged that forgiveness is still available under CPR 3.9, a measure that has been rewritten but not abrogated. The new battleground will be to distinguish minor lapses from major ones as the former ought to be overlooked.

Uncertainty

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MOVERS & SHAKERS

Druces LLP—Daniel Lloyd

Druces LLP—Daniel Lloyd

Corporate and commercial team welcomes technology specialist as partner

Birketts—Michael Conway

Birketts—Michael Conway

IP partner joins team in Bristol to lead branding and trade marks practice

Spector Constant & Williams—Anna Christou

Spector Constant & Williams—Anna Christou

Real estate finance practice announces partner appointment

NEWS
The extension of fixed recoverable costs (FRC) from low-value personal injury to most civil cases worth up to £100,000 ‘is failing to deliver what it promised’, the Law Society has warned
Bar campaigns will focus on protecting juries, legal aid and children’s rights in the year ahead with a working group already looking into the age of criminal responsibility, chair Kirsty Brimelow KC has said
Richard Orpin has been appointed chief executive officer (CEO) of the Legal Services Board (LSB), which oversees all nine legal regulators
Workers will be given day-one rights to parental leave in April, the government has confirmed
Lord Sales has become deputy president, and Lord Doherty a justice, at the Supreme Court. Both were sworn in this week at a ceremony conducted by the court’s president Lord Reed in Courtroom One
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