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A matter of interpretation

08 January 2014 / Dominic Regan
Issue: 7589 / Categories: Opinion
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What does 2014 hold for the Jackson reforms, asks Dominic Regan

It is over before it began. The speedy, decisive and blunt judgment in Mitchell v News Group Newspapers [2013] EWCA Civ 1537, [2013] All ER (D) 314 (Nov), represents the real implementation of the Jackson reforms. Oh yes we had new words back in April but interpretation is everything. Any doubt should now evaporate.

A matter of default

Contrary to the views expressed by some this case was really nothing to do with budgeting. It was about default and the way that courts should deal with non-compliance. The offending breaches were in the context of the defamation pilot scheme which had been running for years already.

The Master of the Rolls went out of his way to praise the costs judge.

Lord Dyson rightly acknowledged that forgiveness is still available under CPR 3.9, a measure that has been rewritten but not abrogated. The new battleground will be to distinguish minor lapses from major ones as the former ought to be overlooked.

Uncertainty

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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