header-logo header-logo

03 March 2014 / Diane Parker
Categories: Opinion , Procedure & practice , Costs
printer mail-detail

A return to the nursery (Pt 2)

Diane Parker takes issue with the unintended consequences of the Jackson reforms

In December last year NLJ published my article, (A return to the nursery), in which I likened the “Jackson reforms” to creating nannies out of the court system and treating its users, claimants, defendants and their lawyers as Edwardian schoolchildren. I now realise that analogy was wrong, as it conjures up an environment of safety and security for those who play by the rules, when the reality appears to be very different.

There have always been “nasty” defendants, but, since the Woolf reforms, they have been in the minority. I believe that those who used the “nastiness” to gain advantage were given short shrift by the courts in the Woolf-era of co-operation leaving only a core of genuinely unpleasant individuals who knew no other way to behave. There have always been judges, who would take delight in criticising you in front of your clients or opponents, but again they were in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll