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21 May 2009 / Michael Zander KC
Issue: 7370 / Categories: Features , Procedure & practice , Costs
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A Titanic challenge?

Michael Zander QC examines Lord Justice Jackson's preliminary report for indications of his cost recommendations

Lord Justice Rupert Jackson published his Preliminary Report on Costs, as he said he would, on 8 May. I have no doubt that he will be equally punctilious in delivering the final report by the due date, 31 December 2009.

His report (see the writer's Comment in last week's issue: NLJ, 15 May 2009, p 683), is 663 pages long with over 200 pages of appendices. There are 60 chapters divided into 12 parts. The report has no executive summary and no list of recommendations. Here and there Sir Rupert reveals what he calls a tentative view. For the most part he assembles the arguments pro and con and invites views for the second consultation phase of the exercise concluding on 31 July. After that he will settle down to write his final report.

He has however given an indication as to what he regards as the main issues in an introductory section entitled: “Fundamental questions which emerge

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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’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
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
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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