Features – Page 5
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FeatureCivil procedure – out of excuses
The message is clear: court orders, rules and practice directions must be strictly complied with.
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FeatureCounting the costs of Mitchell
We consider whether the Mitchell costs decision is so draconian that it will drive practitioners out of civil litigation.
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FeatureBalance needed in costs protection
The key issue is striking the right balance between the laudable aim of ensuring access to justice for all, and the undesirable effect of encouraging vexatious claimants and overburdening our smaller publications.
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FeatureVariation of budgets – part 1
Christopher Lethem considers an important aspect of the post-Jackson regime.
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FeatureCosts and litigants in person
Ian Besford outlines the rules and case law on costs for a growing proportion of litigants.
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FeaturePredictive coding: embracing the new
Law firms cannot afford to ignore the use of machine-learning technology to control costs.
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FeatureNew Civil Procedure Rules: handmaid or mistress?
Indulgence can no longer be granted where parties fail to comply with their procedural obligations.
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FeatureChanges to the Pre-Action Protocol
The Pre-Action Protocol for personal injury claims with a value of less than £10,000 arising from road traffic accidents applies to accidents occurring after 30 April 2010, when the protocol, Practice Direction 8B and the fixed costs in part 45 came into force.
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FeatureDBAs: greater need for expert early case assessment
It is crucial that prospective claimants get an ‘early case assessment’ of the potential scale of any settlement under Jackson’s new damages-based agreements.
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FeatureRelief from sanctions in costs budgeting
How the courts are dealing with applications for relief from sanctions imposed under Lord Justice Jackson’s new costs management rules?
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Assessing costs in clinical negligence cases
Clinical negligence practitioners on both the claimant and defendant sides are waiting with bated breath to see how courts will deal with arguments on proportionality.
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Specialist courts under microscope on costs budgeting
Exempting mandatory costs budgeting for claims in excess of £2m may be ‘unnecessary and inappropriate’, a newly established sub-group of the Civil Procedure Rule committee has suggested. An intervention from the Judicial Office in February ensured that high-value commercial cases would be exempt from impending Jackson reforms. It meant that ...
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Costs management
In January 2010 Lord Justice Jackson published his Review of Civil Litigation Costs Final Report. The core recommendations are an interlocking package, and most were implemented on 1 April 2013 in the Civil Procedure (Amendment Rules) 2013, SI 262.
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