Richard Harrison argues that the present structure of case and costs management is misconceived
Every time I get a “Notice of Proposed Allocation”, my heart sinks and my hackles rise. The work required to complete the various documents prescribed to support the Directions Questionnaire is substantial yet ultimately useless. I see hours of pressured speculation to provide information for contribution to a “case management” process. This process will almost inevitably prove to be premature and pointless.
The accusation that litigation has succumbed to the pressure of front-loading is commonplace but nevertheless correct. What this particular exercise produces is early commitment of resource which fails to advance the interests of justice and indeed makes litigation more expensive and protracted.
The wrong end of the telescope
The judges behind the reforms had a well-intentioned view that early and rigorous judicial case management would make the process cheaper and more efficient. They approached the exercise from a perspective of sitting on the bench, presented with the final products of the process in the form
