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

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Lord Justice Jackson | Leave a comment

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

Posted in Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Litigation, Lord Justice Jackson, Part 31 CPR | Leave a comment

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

Posted in Chris Grayling, Civil justice, Court Rules, Courts, CPR, Jackson Reforms, Judges, Ministry of Justice | Leave a comment

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

Posted in Court Rules, CPR, eDisclosure, Electronic disclosure, Jackson Reforms, Litigation, Lord Justice Jackson | Leave a comment

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

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Lord Justice Jackson | Leave a comment

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

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Judges, Lord Justice Jackson | Leave a comment

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 , , | Leave a comment

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 | Leave a comment

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 | Leave a comment

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 | 2 Comments

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 | Leave a comment

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 | Leave a comment

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 | Leave a comment

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 | Leave a comment

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 | Leave a comment

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

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Litigation | Leave a comment

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

Posted in Consilio, CY4OR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal, Jackson Reforms, Thomson Reuters, ZyLAB | Leave a comment

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 | Leave a comment

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 | Leave a comment

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

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal, Jackson Reforms, LexisNexis | Leave a comment

Small and medium-sized cases have electronic documents too

Three articles come my way at once, connected by the theme that electronic documents raise management issues in small and medium-size cases and not only in the large ones which tend to hog the limelight. One of the articles comes … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, iCONECT, Jackson Reforms, Nuix | Leave a comment

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

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Litigation | Leave a comment

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

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms | Leave a comment

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

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Litigation | Leave a comment