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Three months have now passed since the implementation of a major tranche of the Jackson Reforms. The LexisNexis Dispute Resolution team has been looking at the key court decisions to date and assessing what assistance these cases can provide in interpreting the new provisions. In particular, attention is drawn to areas where practitioners need to exercise care, at least until a binding Court of Appeal decision is in place.
Our last post in the series of issues which have been raised and considered in the update is that of proportionality.
A key area of the reforms, but on which the CPR gives no guidance. So far, the court has provided little guidance either, although the case of JW Spear v Zynga implies that although ‘proportionality’ has been added to the overriding objective, the court must still also provide a just result to comply with the overriding objective.
We are interested to hear your own experiences as well. Please leave us a comment.
You can read the rest of the series Jackson Reforms: Update Three Months On by clicking the links below:
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Janna is a dispute resolution lawyer with a Masters in Construction Law and Dispute Resolution. During her time in private practice at both Herbert Smith and Denton Wilde Sapte (now Dentons) she worked on complex international disputes, both litigation and LMAA arbitrations, dealing with technical cross border issues.
Janna deals primarily with cross border issues and is active in the work being undertaken in relation to the implications of Brexit for Dispute Resolutions lawyers. She also heads up a LexisNexis costs team bringing together expertise from across the company to deal with the costs issues facing the profession and was a contributing author for the Cook on Costs supplement dealing with the Jackson reforms. Janna is a frequent contributor to the legal and professional press, including the New Law Journal and Counsel magazine.
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