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Category Archives: Jackson Reforms
Letting the punishment fit the crime as Mitchell gives way to Denton
What was over in moments, added a word to the law’s dictionary, led to countless spin-off cases and applications, cost millions in legal fees, ended reputations and, having left its mark, disappeared from the scene? There is are curious parallels … Continue reading
Justice takes a bashing but litigation work goes on
To say, as I did in a recent article, that that “civil justice in the UK has plunged off a cliff” is not the same as saying that civil disputes are in decline. Litigation lawyers, at least at the mid- to … Continue reading
The Jackson consultation responses pull no punches but Grayling and the MoJ will ignore them
There is a palpable sense that civil justice in the UK has plunged off a cliff in the short time since the implementation of the Jackson reforms. A few of the responses to the Civil Justice Council’s consultation have been … Continue reading
Kennedys seminar on 12th March in Birmingham – Surviving Jackson: one year on
Solicitors Kennedy’s gave a seminar this week with the title Surviving Jackson. Many of the points made in it were live-tweeted and the tweets have been collected here by academic and lawyer John Bates @MrJohnBates. They provoke thought. Kennedys is … Continue reading
Mitchell and relief from sanctions under CPR 3.9 Part 2 – is Mitchell the last word?
This is the second of (at least) three sequential posts about different aspects of the Court of Appeal’s decision in Mitchell v NGN. The first was called Mitchell and relief from sanctions under CPR 3.9 Part 1 – cock-up or … Continue reading
Mitchell and relief from sanctions under CPR 3.9 Part 1 – cock-up or conspiracy?
One of the many advantages of not being a journalist is that I do not feel the need to react immediately when major developments occur. The news in November that the Court of Appeal, led by the Master of the … Continue reading
Budgets, costs and sanctions in England and Wales – links to some good reporting
One cannot hope to keep up with everything which is going on in consequence of the Jackson reforms to civil procedure in England and Wales. They took effect on 1 April and we are seeing a move from judgments which … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms
Tagged Dominic Regan, Gordon Exall, Rachel Rothwell
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Post-Jackson “Unless orders” – Guidance relevant to eDisclosure
I have referred elsewhere to the Civil Litigation Brief, a blog about procedure, limitation, Default and the Civil Procedure Rules by Gordon Exall, barrister, of Zenith Chambers in Leeds. Gordon Exall has just published an article called Have you complied … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms
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Judicial re-examination of Jackson changes is unsurprising
Mr Justice Ramsey, the judge charged with overseeing the implementation of the civil procedure changes known collectively as “the Jackson reforms” has been out giving interviews in which he makes it clear that the reforms face a review. The Litigation … Continue reading
Posted in Civil justice, Costs Management, Court Rules, CPR, Jackson Reforms, Judges
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Harsh or just tough? Penalty for failure to comply with Jackson procedural obligations
When I first set up a web site devoted (as it was then) to UK civil procedure, and specifically the key discovery aspects of case management, I put out a general plea for anecdotal information about the outcomes of case … Continue reading
Posted in Civil justice, Court Rules, CPR, eDisclosure, Electronic disclosure, Jackson Reforms
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Useful CPR resource: Procedure, Limitation, Default and the CPR
I have only recently discovered the Civil Litigation Brief run by barrister Gordon Exall of Zenith Chambers in Leeds. It is an essential resource for those facing the sharp winds of the new case management regime. Its title A Blog … Continue reading
Posted in Court Rules, CPR, Jackson Reforms
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Plebgate costs sanctions judgment to go to the Court of Appeal
Master McCloud’s judgment limiting the costs which Andrew Mitchell MP can recover in his libel case (I wrote about that – see New costs management litigation budget rules claim Plebgate victim) is to be heard by the Court of Appeal. … Continue reading
Posted in Court Rules, CPR, Jackson Reforms, Litigation
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Allowance for human error in approach to relief from sanctions under CPR Rule 3.9
The changes to the case management rules included as part of Lord Justice Jackson’s reforms included an express reference to compliance. One might think it unnecessary that rules should need to recite that they are to be obeyed, but the … Continue reading
Posted in Court Rules, CPR, eDisclosure, Electronic disclosure, Jackson Reforms
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Battle over costs budgeting for high-value commercial cases
Here is a battle to keep out of, so I simply pass on the facts as they appear in an article by John Hyde today in the Law Society Gazette. Well, a bit more than pass them on, perhaps, but … Continue reading
Posted in Court Rules, Courts, CPR, Jackson Reforms, Judges, Litigation
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New Law Journal – Jackson articles by HHJ Simon Brown QC and Dominic Regan
The NLJ is publishing an excellent series of articles about the Jackson reforms. They now have another in the series of Costs Budgeting articles by HHJ Simon Brown QC, this one called Costs budgeting: Proportionality is trumps. The index to … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms
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An optimistic article about eDisclosure post-Jackson – and a less sanguine one
Georgina Squire of the London Litigation Solicitors Association has written a concise and practical guide to eDisclosure under the new rules, which has been published in the New Law Journal. It is called A brighter future? (not the first, I … Continue reading
CPR, CMC, WTF …. and OCD: eDiscovery stories keep rolling in
I have a stream of short articles coming. This is just some background noise. I observed in a tweet last week that I had overlooked the Twitter presence of an interesting legal software development company, Neota Logic. “Might be because … Continue reading
Send three and fourpence, going to a dance – muddled messages from the MoJ
It is fitting that an article about confused messages should have to start with an explanation of its title. Only those who are old and British will know that pre-decimalisation currency consisted of pounds, shillings and pence, written as £. … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Judges
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A clear message from the Master of the Rolls about CPR enforcement
You might perhaps be forgiven for thinking that the case management parts of the Civil Procedure amendments won’t really affect you. It is not just that their launch has been confused, to use a charitable term; those who came through … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms
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Comfortable apathy for anyone? Some Jackson case management and costs management commentary
I am working on some material to add to the Resources section of my web site about the case management and costs management aspects of Jackson. There is, as you would expect, a great deal of comment flying around at … Continue reading
Challenges to meet and not just threats in the Jackson reforms
A senior clinical negligence barrister suggests that we think positively about the Jackson reforms. Shortly after the UK Bribery Act passed into law, I took part in a London panel about its implications. At the Q&A session at the end, … Continue reading
Jackson-empowered judges ready for the new regime – and its benefits as well as its burdens
An article by Rachel Rothwell in The Law Society Gazette shows that there are some judges who will be making good use of the case management powers given to them by Jackson, and reminds us that there are potential benefits … Continue reading
Costs management shambles defies parody but case management still has teeth
So, what is the overall effect of the implementation of the new Civil Procedure Rules in so far as they relate to case management, eDisclosure and budgets? Oh, I was hoping that you would tell me. During last week, I … Continue reading
