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Back & forth

17 October 2013 / Charlie Clarke-Jervoise
Issue: 7580 / Categories: Features , Procedure & practice , Costs
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Charlie Clarke-Jervoise asks, are the courts overriding Jackson?

A recurrent theme identified during the Jackson costs review was that, while judges had an all-encompassing armoury of rules at their disposal, they did not use them sufficiently to manage cases. As a result, court deadlines were still missed, rules and orders breached and costs unnecessarily incurred.

Jackson’s good intentions

Lord Justice Jackson was determined to stop this waste of costs and court time. His new rules, which came into force on 1 April 2013, contained various measures to encourage compliance with rules and court orders. Judges are now specifically tasked with enforcing compliance and CPR 3.9 has been strengthened to discourage them from granting relief against sanctions for breaches of the rules. In addition, the new overriding objective of the CPR requires courts to deal with cases justly and at proportionate cost.

A week before the reforms came into place, Lord Dyson MR (in a lecture to District Judges) explained that: “The tougher,

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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