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21 May 2009 / Jennifer James
Issue: 7370 / Categories: Opinion , Costs
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A one-way street?

Jennifer James contemplates Lord Justice Jackson’s legacy...

The Preliminary Report on Civil Litigation Costs by Lord Justice Rupert Jackson has been produced, following a whirlwind tour of various jurisdictions including the US, Canada, Australia, New Zealand, Hong Kong, France and Germany, the bulk of which took place in late March/early April of this year. Having acted so promptly in producing the report, Jackson LJ expects his stakeholders to act equally promptly in responding thereto.

This is not as daunting a task as may first appear since many practitioners and interest groups will want to focus upon discrete areas of specific interest, thereby breaking the task down into more manageable tranches. Those of you practising under conditional fee agreements (CFAs) would be well advised to make time to read the report in time to raise comments upon it before the deadline of July 31, 2009.

One-way costs shifting in PI cases There are some radical suggestions floated in the report, one of which is so-called “one-way

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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