header-logo header-logo

29 January 2014 / Dominic Regan
Issue: 7592 / Categories: Features , Procedure & practice , Costs , CPR
printer mail-detail

Unfinished business

web_regan_1

Dominic Regan predicts the likely civil procedure developments for 2014

It is not over. While the core elements of the Jackson reforms were indeed implemented in April 2013, with portal extensions arriving at the end of July, there remains unfinished business. What follows is an informed analysis of likely developments. This is not random guesswork but is derived from a series of understandably discreet conversations with judges and law makers.

The B word

Budgeting was declared by Sir Rupert to be central to his reforms, introducing an obligation to reveal work to be done and costs to be incurred in multi-track actions commenced from 1 April. One concern is that the process can be evaded. The Commercial Court enjoys a cosy blanket exemption as indeed does Admiralty. Cases worth over £2m running in Chancery and the TCC are also excluded. The Senior Master made a perfectly sound point when he said that cases worth surely warranted budgeting more than lesser valued claims. A

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

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
back-to-top-scroll