Dominic Regan predicts the likely civil procedure developments for 2014
It is not over. While the core elements of the Jackson reforms were indeed implemented in April 2013, with portal extensions arriving at the end of July, there remains unfinished business. What follows is an informed analysis of likely developments. This is not random guesswork but is derived from a series of understandably discreet conversations with judges and law makers.
The B word
Budgeting was declared by Sir Rupert to be central to his reforms, introducing an obligation to reveal work to be done and costs to be incurred in multi-track actions commenced from 1 April. One concern is that the process can be evaded. The Commercial Court enjoys a cosy blanket exemption as indeed does Admiralty. Cases worth over £2m running in Chancery and the TCC are also excluded. The Senior Master made a perfectly sound point when he said that cases worth surely warranted budgeting more than lesser valued claims.
