Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
Dispute Resolution analysis: Following Lord Jackson’s review of civil legal costs, new measures were brought into force on 1 April 2013. On the first anniversary of the reforms, the Remuneration Committee of the Bar Council explains how litigation has changed under the Jackson regime.
What has life been like in court following Jackson?
The most significant impact to date arises out of the decision of Mitchell v News Group Newspapers Ltd  EWCA Civ 1537,  All ER (D) 314 (Nov). Anecdotal evidence suggests the courts are grappling with a heavy increase in applications for relief from sanctions which, but for Mitchell, would not have been required pre-Jackson. Solicitors are facing dilemmas of their own, not only when they themselves miss a deadline by just a few days (or even a few hours), but also as to whether to oppose applications for relief brought by the other party to the proceedings. There is a concern that if applications for relief are not opposed then solicitors may be criticised by their own clients in taking advantage of Mitchell and the opponent’s default.
Conflicting approaches at first instance leads to uncertainty and fuels what is bound to be a turbulent period whilst the shock wave of the Court of Appeal’s judgment ripples across the litigation scene. While it may feel more like a tsunami than a ‘ripple’, the likelihood is that over the next year or two, the wave will have petered out. Mitchell brings with it a new and required discipline to the litigation scene which it might be said is long overdue. The test of ‘triviality’ and ‘good reason’ provide the platform for the new approach and while these criteria are unlikely in themselves to be considered controversial, their application may. It is vital the courts maintain consistency in approach.
The new b
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234