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01 April 2010
Issue: 7411 & 7412 / Categories: Legal News
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Neuberger calls for judicial consistency

The master of the rolls has called for “greater consistency” in case management among judges to reduce costs in civil litigation.

The master of the rolls has called for “greater consistency” in case management among judges to reduce costs in civil litigation. In a speech to the Personal Injuries Bar Association conference in Oxford, Lord Neuberger said case management was still in its infancy here. “Clear guidance needs to be given, and stuck to, by the senior judiciary so that a consistent approach to case management can develop across the entire judicial piece,” he said.

One way to achieve this, he added, was to follow Lord Justice Jackson’s Final Report recommendation and appoint an experienced district judge to sit as an assessor with the Court of Appeal on case management appeals. A consistent approach by the Court of Appeal would be an “effective means” to bring about a change in litigation culture, he added, and a “similarly consistent” approach to such issues as compliance with pre-action protocols, disclosure, expert evidence, the brevity of skeleton arguments and witness handling would have an “equally beneficial effect”.
 

Issue: 7411 & 7412 / Categories: Legal News
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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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