Dominic Regan sees changes ahead for disclosure, fixed costs, costs appeals & a likely hike in the entry threshold for the High Court
Do not be deceived by the gentle start to 2018. It is going to be a bumper year for civil litigation.
We have already witnessed one disruptive development with the successful May v Wavell appeal on proportionality (see ‘All clear as May v Wavell costs overturned?’). The claimant has seen his recoverable costs double. This decision just accentuates the utter uncertainty which continues to swirl around a key 2013 reform. Expect more appeal decisions, and hope for something approaching clear guidance to emerge, eventually, from the Court of Appeal. It is long overdue.
The father of modern proportionality, Sir Rupert Jackson, retires on 7 March, his 70th birthday. As reported in this journal, we will also lose three members of the Supreme Court bench this year (see Professor Brice Dickson's ‘In the line of duty’, NLJ 12 January 2018). Lords Mance, Hughes and Sumption will depart.
