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18 July 2009 / Mike Willis , Naomi Park
Issue: 7380 / Categories: Features , Procedure & practice
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Lean litigation

Mike Willis & Naomi Park hope Jackson LJ’s drive for costs reform will encourage leaner & cleaner procedures

The procedural steps and options for reform being contemplated and examined by Lord Justice Jackson, as part of his wide-ranging review of costs in civil litigation, merit careful reflection by all legal professional advisers in civil contentious business. This is not only for their practical implications if procedural rules are relaxed or altered, but also for the new or additional civil liability risks and dilemmas they may create.
Two areas most prominently in need of re-examination and prospective reform, and illustrative of the problems, are:
pre-action procedures, now well embedded since the 1999 Woolf reforms; and
disclosure of evidence, where the proliferation of electronic records in place of paper documents has created many legal and disciplinary, as well as practical, problems.

Pre-action costs

Lord Justice Jackson has given some space in his preliminary report to exploring how and why pre-action costs are incurred and the devices currently available to parties to keep them in check. There is perceived unfairness and potential wastefulness.
Claimants cannot be effectively

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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