header-logo header-logo

26 February 2009 / Adrian Jack
Issue: 7358 / Categories: Features , Public , Legal services , Constitutional law
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll