Jackson Reforms: Update Three Months On WASTING COSTS

Jackson Reforms: Update Three Months On WASTING COSTS

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.

Continuing our series of posts highlighting the main areas of the update we turn to wasting costs.

The courts have made it clear from the outset that there are areas where costs are being wasted and recent cases indicate that the courts are prepared to penalise non compliance with CPR provisions by disallowing costs. The appointment of Jackson LJ as one of the Court of Appeal judges dealing with appeals arising from the reforms indicates that practitioners should heed this warning.

There has been a particular focus on the preparation of skeleton arguments including ensuring that the skeleton remains short and concise and assists the court by making clear the points to be argued with relevant references.

We are interested to hear your own experiences as well. Please leave us a comment below.

You can read the first in the series on Costs Budgeting here.

 

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About the author:

Janna is a dispute resolution lawyer. She 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. Janna also heads up a LexisNexis costs team bringing together expertise from across the company to deal with the costs issues facing the profession.