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11 December 2019 / Colin Campbell
Issue: 7868 / Categories: Features , Procedure & practice
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Litigation trends: Jackson reviewed (Pt 2)

Having focused on case management & proportionality in his first update, Colin Campbell now turns his attention to Sir Rupert’s third interlocking reform—the electronic bill
  • Costs budgeting does not necessarily save any costs or achieve fairness through facilitating ‘Access to Justice’. On the contrary, budgeting in conjunction with proportionality is leading to unjust outcomes.

Part one looked at two of Sir Rupert Jackson’s flagship recommendations, costs management (encompassing costs budgeting) and proportionality under Civil Procedure Rule (CPR) 44.3(5) in force from 1 April 2013. Part two concentrates on recommendation 6.1(i) to (iv) of Chapter 45—the Electronic Bill of costs and goes on to review how the three are working in practice and whether they are fulfilling Sir Rupert’s aim of improving ‘Access to Justice’.

Prior to his report and indeed until 6 April 2018, a winning party entitled to costs needed to present their bill using the tried and tested paper formula under CPR 47.6 PD 5.12.

When writing his report, Sir Rupert complained that the paper bill was based on a Victorian Account Book and would have

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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