header-logo header-logo

A steep learning curve

04 April 2014 / David Greene
Issue: 7601 / Categories: Opinion , Legal services , Jackson , Litigation trends
printer mail-detail
web_greene

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll