header-logo header-logo

18 July 2009 / Mike Willis , Naomi Park
Issue: 7380 / Categories: Features , Procedure & practice
printer mail-detail

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

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll