The implementation of Jackson has succeeded primarily in putting the frighteners on the profession by signalling a very tough line on relief from sanctions.
The Mitchell appeal will deal with non-compliance in the budgeting context, but is likely to provide a good steer regarding procedural infringements across the wider landscape. The debate about the £2m exclusion on budgeting in commercial cases should soon be resolved. If the threshold is removed, the focus on budgeting will be sharpened; but if it stays, it will be seen now as a dilution.
The hottest topic as yet untested will be the application of the new proportionality test. It will take a while yet for that to work through the system.
Andy Ellis, managing director, Practico Costs Lawyers, London EC3