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26 February 2009 / Adrian Jack
Issue: 7358 / Categories: Features , Public , Legal services , Constitutional law
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Trialling costs

Experimentation is vital in the review of civil justice costs, says Adrian Jack

A key problem for Lord Justice Jackson, who is leading a fundamental review into the costs of civil litigation will be the absence of any hard data on what has caused the spiral of costs in recent times. Jackson LJ has asked for “hard evidence” about where costs are principally  being run up in each category of litigation, yet merely knowing on what items costs are incurred does not assist in deciding how to reduce costs. The only scientifically acceptable way of establishing which steps save costs is to fund properly conducted randomised experiments, conducted without the step in litigation under consideration and others with the step. Two areas could sensibly be looked at: witness statements and skeleton arguments.

 

Witness statements

The arguments on the exchange of witness statements are well rehearsed. On the one hand they result in parties putting their hands on the table at an earlier stage, thereby assisting in achieving the early

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

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Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

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Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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