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29 January 2014 / Dominic Regan
Issue: 7592 / Categories: Features , Procedure & practice , Costs , CPR
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Unfinished business

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Dominic Regan predicts the likely civil procedure developments for 2014

It is not over. While the core elements of the Jackson reforms were indeed implemented in April 2013, with portal extensions arriving at the end of July, there remains unfinished business. What follows is an informed analysis of likely developments. This is not random guesswork but is derived from a series of understandably discreet conversations with judges and law makers.

The B word

Budgeting was declared by Sir Rupert to be central to his reforms, introducing an obligation to reveal work to be done and costs to be incurred in multi-track actions commenced from 1 April. One concern is that the process can be evaded. The Commercial Court enjoys a cosy blanket exemption as indeed does Admiralty. Cases worth over £2m running in Chancery and the TCC are also excluded. The Senior Master made a perfectly sound point when he said that cases worth surely warranted budgeting more than lesser valued claims. A decision will be taken as to whether all matters ought

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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
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