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04 April 2014
Issue: 7601 / Categories: Legal News
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Survey uncovers real cost of reform

Second NLJ/LSLA Litigation Trends Survey tracks impact one year on from Jackson

Nearly three-quarters of lawyers say civil litigation costs have increased not decreased since the Jackson reforms, according to the second Litigation Trends Survey by NLJ and the London Solicitors’ Litigation Association (LSLA), published this week.

Civil litigators responding to the survey of LSLA’s 1,400 members bemoan a return of pre-Woolf adversarial days, noting an increase in rigid, aggressive behaviour and an unhealthy obsession with point-scoring. Such behaviour was elbowing out pre-Mitchell pragmatism, flexibility and co-operation between parties, which used to get the job done sensibly for clients. 

Asked if case management behaviour on specified time limits had altered as a result of Mitchell, 72% of respondents said “Yes”.

Seamus Smyth, partner at Carter Lemon Camerons, comments: “Mitchell has served to reinforce the need for absolute compliance with rules, orders and timetables.

“More resources go into ensuring this compliance—which increases cost, at least for the next few years—and the management of litigation is to that extent tighter, but not otherwise different in principle.”

The survey states: “It is generally agreed that timetables have extended with both parties being more cautious about setting deadlines that they might struggle to meet.

“This is increasing both costs and delays in litigation with County Courts in particular said to be ‘at crisis point’ following the Mitchell decision.”

Respondents also expressed concerns that the need for strict adherence to deadlines coupled with a lack of consistency of application throughout the courts have led to satellite litigation.

Commenting for the survey, Ted Greeno, partner at Quinn, Emanuel, Urquhart & Sullivan, says: “Sanctions, like targets, distort behaviour.

“It is surprising that the centuries-old aim of doing justice between the parties has been abandoned in the interests of administrative cost savings.”

The survey also details the views of litigators on after the event insurance, conditional fee agreements, damages-based agreements, access to justice and changes in litigation strategy.

Issue: 7601 / Categories: Legal News
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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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