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A steep learning curve

04 April 2014 / David Greene
Issue: 7601 / Categories: Opinion , Legal services , Jackson , Litigation trends
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One year on, David Greene assesses the impact of Jackson

A year on and for good or bad many practitioners remain to be convinced that the Jackson reforms will achieve fairer and less costly litigation (see NLJ /LSLA’s Litigation Trends Survey update). Sir Rupert may, however, feel that the heat of practitioners’ ire has moved away from his immediate reforms to the burning issues raised by the Court of Appeal in the Mitchell decision (Mitchell v News Group [2013] EWCA Civ 1537, [2014] 1 WLR 795).

Broad assumptions

Such was the nature of change in April 2013 and the manner in which it took effect under the transitional provisions, a year down the road we still do not have a measure of the effect of the reforms other than the broad assumptions that accompanied them. It may indeed be many years before we can measure the true effect of these on access to justice for both claimants and defendants with the competing concepts of reducing the

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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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