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A day in the life of a post-Jackson litigator (Pt 1)

Tracey Stretton & Mark Surguy offer some tips on litigation tactics in the post-Jackson world
 

The Jackson reforms brought disclosure practice in line with the regime that was already developing after the implementation of the Woolf reforms in 1999, culminating in the introduction of Practice Direction 31B to the Civil Procedure Rules (CPR) in October 2010.

PD 31B aimed to encourage parties to collaborate over the scope of the search for relevant material. It was intended that the parties seek to agree an approach to disclosure. It was even stated that a report, or summary, setting out the areas of agreement and disagreement in relation to electronically stored information, should be provided at the case management conference (CMC).

All of these requirements are reiterated in the amended disclosure rules. For example, r 31(5)(3) requires a report describing the approach to be taken to disclosure. Similarly, the introduction of the “menu” approach to disclosure in the new r 31.5(7), really only emphasises

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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