header-logo header-logo

11 December 2014
Issue: 7634 / Categories: Legal News
printer mail-detail

Third NLJ/LSLA Litigation Trends Survey tracks ongoing impact of reforms

The third NLJ/LSLA Litigation Trends Survey reveals that 85% of litigators now believe that litigation costs will continue to be driven up by the new budgeting regime—up from 69% in August 2013.

Ten-month delays for arranging case management conferences, an increase in the early costs of litigation “for no discernible improvement”, and uncertainties as to sanctions for non-compliance are just some of the woes shared by litigators in the survey.

However, although the survey suggests a hardening of views that budgeting increases costs, there has been a notable reduction in the number of litigators who believe that the post Jackson regime will reduce access to justice for clients and prospective clients (50% in September 2014, down from 93% in August 2013). Meanwhile, a growing number of litigators are turning their backs on conditional fee agreements (CFAs)—59% said they are stopping using them, compared with 34% in 2013.

John Bramhall, LSLA president, says: “The Denton ruling has helped to restore sensible collaboration among litigators which had been in danger of being irreparably undermined by Mitchell, and other rulings around relief from sanctions. 

“When common sense is allowed to prevail we have a much better chance of containing costs and achieving decent outcomes for our clients. That said, it is hard to escape the continuing concerns that litigators have, notably those with larger teams who make up 66% of our survey respondents—and that is that post-reform budgeting regimes have forced costs up and will continue to do so. 

“This is of course the opposite of what reformers hoped to achieve. It suggests that after a suitable bedding-in period, we should take stock to see if further adjustments can be made that bring us closer to achieving the end goal of a more efficient, cost-effective process which we all wish to work towards.”

Jan Miller, NLJ editor, says: “Market sentiment is hard to measure but with this survey we can show clear emerging trends on the impact of legal reforms. It is valuable data that both supports the view that in time firms will adjust to changes but also that those changes need to be kept under review if they are to be effective.” 

Issue: 7634 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll