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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

NLJ Career Profile: Stephen Ward, The Barrister Group

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Commercial property partner joins Clarke Willmott in Southampton

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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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