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Litigation trends: Jackson reviewed

28 November 2019 / Colin Campbell
Issue: 7866 / Categories: Features , Procedure & practice , Litigation trends
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Colin Campbell presents a two-part masterclass on the interpretation & implementation of the Jackson reforms a decade on from the publication of Sir Rupert’s Final Report
  • Sir Rupert Jackson’s triage of flagship reforms. Costs management & costs budgeting & proportionality feature in Pt 1; the electronic bill will be the headline act in Pt 2.

In November 2008, the then Master of the Rolls, Sir Anthony Clarke, appointed Sir Rupert Jackson to lead a fundamental review into the costs of civil litigation. A year later, on 21 December 2009, Sir Rupert published the results of his appointment in his ‘Review of Civil Litigation Costs: Final Report’.

This was a remarkable achievement for its speed of delivery, and whatever anyone thought of its contents, the Report was a model of logic and clarity of expression. Once digested by the powers that be (the Ministry of Justice, the Civil Procedure Rule Committee and the Senior Judiciary), most of Sir Rupert’s recommendations found their way into law, either by primary legislation

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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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