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How much of an impact have the Jackson reforms made to your life in practice? Have you spent considerable time and CPD points trying to understand the new provisions themselves as well as how the costs specific new provisions are supposed to work alongside the new case management provisions?
If so, you may have read with eagerness (or growing dread) that Mr Justice Ramsey, within 6 months of the reforms coming into force, has already been quoted as saying that as the judge in charge of implementing the reforms, the reforms are facing a review. He will be joined by District Judge Christopher Lethem and Mr Justice Stewart.
The judiciary would appear to have taken a united approach in applying stricter interpretations to the CPR provisions and this is extremely likely to be supported by the Court of Appeal as and when any cases dealing with the reforms are heard by it. The first one is likely to be that in Mitchell v NGN which involves a leap frog appeal from the decision of Master McCloud and looks not just at costs budgeting but also the new provisions in CPR 3.9 for relief from sanctions.
As we come to terms with that approach should we not be given the opportunity, after so much upheaval in recent years in trying to get to grips with the new rules, to allow the new rules a chance to bed down and for us to come to terms with them or is it better to look at them just six months after implementation?
It will be interesting to see what other areas will be subject to Mr Justice Ramsey’s review. It would appear that they will more limited in scope than perhaps some commentators have suggested, such that they consider the recommendations in Jackson final costs report which were not implemented. If such recommendations are subsequently implemented this may require some changes to the existing rules or even new legislation but is probably not going to result in extreme changes to the April 2013 provisions already in place. Examples of the issues which maybe under consideration are pre-action costs and case management.
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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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