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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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