Litigation Notes
Tag: jackson reforms
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Possible further changes to costs budgeting rules
At the Third Annual Harbour Lecture yesterday evening, 13 May, Lord Dyson MR and Lord Justice Jackson spoke on the topic of "Confronting Costs …
Jackson reforms will not be extended to insolvency proceedings from this April as planned
The government has today announced that it is scrapping its plans to end the insolvency exception to the Jackson reforms from April this year (as we …
Establishing "good reason" for breach of order following change of solicitors may require waiver of privilege
The High Court has extended a witness statement deadline, where a party was in breach of the previous timetable, but refused to vacate …
Court of Appeal decision underlines dangers of delay in filing notice of appeal
The Court of Appeal has confirmed that the courts will apply the same rigorous approach to a retrospective application to extend time for filing a …
UK Supreme Court: merits generally irrelevant to enforcement of case management directions
In a judgment given yesterday (26 November) the majority of the Supreme Court has expressed the view that the strength of a party's case on the …
Court has broad discretion to order costs budgeting in cases falling outside mandatory regime
The High Court has considered the extent of the court’s discretion to order costs budgeting in cases where budgets are not automatically required. Under …
Government rules out "hybrid" Damages-Based Agreements (DBAs)
The Ministry of Justice has asked the Civil Justice Council (CJC) to review the regulations governing DBAs to consider possible …
Compliance with court rules and orders post-Denton: where are we now?
In its high-profile Mitchell decision last November, the Court of Appeal introduced tough new guidance on the court's …
Jackson reforms to apply to insolvency proceedings from April 2015
According to press reports this week, the insolvency exception to the Jackson reforms will end next April, meaning that CFA success fees and ATE …
UK Supreme Court to consider whether recoverable success fees / ATE premiums breach Article 6 rights
In a judgment handed down last Wednesday, 23 July, the Supreme Court said it was open to the Court to reconsider whether a claimant's right to …
Article published on recent clarification of Mitchell guidance on relief from sanctions
The Court of Appeal's decision in the high-profile Mitchell "plebgate" case last November introduced tough new guidance on the approach …
High Court considers relevance of Mitchell to late application to challenge jurisdiction
A deputy judge has held that deemed submission to the jurisdiction by failing to challenge jurisdiction on time is not a sanction, so no question of …
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