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Tag: jackson reforms

Showing 12 out of 94 results

05 December 2017

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 …

25 July 2017

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 …

23 May 2016

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 …

16 March 2016

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 …

18 December 2015

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 …

17 December 2015

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 …

16 December 2015

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 …

21 October 2015

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 …

02 September 2015

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 …

18 August 2015

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 …

22 July 2015

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 …

08 July 2015

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 …