Litigation Notes
Tag: jackson reforms
Showing 12 out of 94 results
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
Supreme Court rules recoverable success fees / ATE premiums do not breach Article 6 rights
In a judgment handed down this morning, 22 July, the Supreme Court held (by a majority of five to two) that a claimant’s right to recover a …
Party in breach of unless order for disclosure due to failures in OCR process
The High Court has held that claimant liquidators were in breach of an "unless order" for disclosure where the low quality of OCR copies of scanned …
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