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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll