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04 April 2014
Issue: 7601 / Categories: Legal News
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Survey uncovers real cost of reform

Second NLJ/LSLA Litigation Trends Survey tracks impact one year on from Jackson

Nearly three-quarters of lawyers say civil litigation costs have increased not decreased since the Jackson reforms, according to the second Litigation Trends Survey by NLJ and the London Solicitors’ Litigation Association (LSLA), published this week.

Civil litigators responding to the survey of LSLA’s 1,400 members bemoan a return of pre-Woolf adversarial days, noting an increase in rigid, aggressive behaviour and an unhealthy obsession with point-scoring. Such behaviour was elbowing out pre-Mitchell pragmatism, flexibility and co-operation between parties, which used to get the job done sensibly for clients. 

Asked if case management behaviour on specified time limits had altered as a result of Mitchell, 72% of respondents said “Yes”.

Seamus Smyth, partner at Carter Lemon Camerons, comments: “Mitchell has served to reinforce the need for absolute compliance with rules, orders and timetables.

“More resources go into ensuring this compliance—which increases cost, at least for the next few years—and the management of litigation is to that extent tighter, but not otherwise different in principle.”

The survey states: “It is generally agreed that timetables have extended with both parties being more cautious about setting deadlines that they might struggle to meet.

“This is increasing both costs and delays in litigation with County Courts in particular said to be ‘at crisis point’ following the Mitchell decision.”

Respondents also expressed concerns that the need for strict adherence to deadlines coupled with a lack of consistency of application throughout the courts have led to satellite litigation.

Commenting for the survey, Ted Greeno, partner at Quinn, Emanuel, Urquhart & Sullivan, says: “Sanctions, like targets, distort behaviour.

“It is surprising that the centuries-old aim of doing justice between the parties has been abandoned in the interests of administrative cost savings.”

The survey also details the views of litigators on after the event insurance, conditional fee agreements, damages-based agreements, access to justice and changes in litigation strategy.

Issue: 7601 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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