Tag Archives: Jackson reforms

Parties should not “abuse” the court’s tougher approach to relief from sanctions

The High Court has penalised a claimant in costs for requiring the defendant to apply for relief from sanctions, where the defendant had relied on a letter from the court which (arguably) set out the wrong date for filing costs … Continue reading

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Recent decisions show continuing trend for tough approach to rule breaches

Recent months have seen a number of decisions in which the English courts, both at first instance and on appeal, have re-emphasised the message that those who fail to comply with procedural rules should expect little sympathy, at least where … Continue reading

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Civil Justice Council working group to review “hot-tubbing” of experts and other topics

A CJC working group has been set up to consider and review a series of discrete topics relating to civil litigation, which will ultimately feed into the Ministry of Justice’s Post‐Implementation Review of the Jackson reforms, which is due in … Continue reading

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Two Court of Appeal decisions show continuing tough approach to procedural failings

In case we were all in danger of thinking the courts' approach to breaches of rules and court orders had relaxed nearly to pre-Jackson levels of tolerance, two very recent Court of Appeal decisions act as a bit of a … Continue reading

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Supreme Court decision confirms second attempt at relief from sanctions will be uphill battle

The Supreme Court has upheld the Court of Appeal’s decision overturning the grant of a second application for relief from sanctions for failure to comply with an unless order: Thevarajah v Riordan [2015] UKSC 78 (and see our blog post on the Court of … Continue reading

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Jackson reforms will apply to insolvency litigation from April 2016

The government has today announced that the insolvency exception to the Jackson reforms will come to an end in April next year. This means that CFA success fees and ATE insurance premiums will no longer be recoverable in proceedings brought by liquidators, administrators, … Continue reading

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Court of Appeal underlines high hurdle to overturn decisions re strike out or relief from sanctions

The Court of Appeal has dismissed an appeal against a High Court decision refusing to strike out a claim for procedural failures even though, in the judge's position, it would have struck a different balance between the competing factors: The … Continue reading

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Lord Justice Jackson urges extension of his reforms to insolvency proceedings

In a lecture delivered on 16 October, Lord Justice Jackson has argued the case in favour of bringing insolvency litigation into line with other types of civil litigation, where CFA success fees and ATE insurance premiums are no longer recoverable from … Continue reading

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Civil Justice Council recommendations for reform of Damages-Based Agreements (DBAs)

The Civil Justice Council has today issued its report and recommendations following its review of the regulations governing DBAs. The review was prompted by a request from the Ministry of Justice last November (see post). The working group was chaired by Professor Rachael … Continue reading

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Relief from sanctions: how far has the pendulum swung back?

In recent months we have seen a number of decisions which show a greater willingness to grant relief from sanctions for breaches of rules and court orders, compared to the more draconian judgments of the immediate post-Mitchell era, and which illustrate the risks for … Continue reading

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