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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.
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.
The full content of this update is available to subscribers of LexisPSL. If you are not a subscriber, please click here to find out more and to access a free trial.
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