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Survey uncovers real cost of reform

04 April 2014
Issue: 7601 / Categories: Legal News
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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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
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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