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12 February 2014 / Ian Gascoigne
Issue: 7594 / Categories: Opinion
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Opportunities & threats

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Ian Gascoigne & Hena Ninan discuss the outlook for commercial claims in 2014

 Depending on the nature of the dispute, the outlook presents potential opportunities and threats in the post-Jackson environment.

 

What follows Mitchell?

Primarily prompted by a desire to reduce the cost of litigation, the Jackson Reforms altered other parts of the Civil Procedure Rules (CPR). More robust case management powers, driven by a revision to the overriding objective requiring cases to be dealt with “justly and at proportionate cost”, coupled with a new test of proportionality aimed at applications for relief from sanctions under CPR 3.9, were added to stringent cost budgeting requirements.

Lord Justice Jackson recognised that allowing litigants too much latitude in case preparation can result in significant wasted costs and an inefficient system. The Court of Appeal picked up this theme in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2013] All ER (D) 314 (Nov). It sent the clear message that non-trivial failures to comply with court timetables will no longer be accepted. Cases following

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

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Careless client checks do not automatically make a solicitor dishonest, but deliberately avoiding confirmation of suspected wrongdoing can cross the line
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Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
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