Costs and compliance: a strict approach
In our earlier articles we have touched on the courts’ readiness to expound the ethos behind the Jackson reforms (proportionality, efficiency and compliance in cost and case management) but, in the absence of strict precedent or significant guidance, we are also aware that judges’ attempts to interpret and implement the amended Civil Procedure Rules have varied, so as to achieve apparently fair results in the particular cases heard before them so far.
Previously it has been difficult to draw any firm conclusions as to how the new regime is working in practice, but as more costs and compliance cases
are decided, certain key messages are beginning to emerge
There is no doubt that, immediately post 1 April 2013, the CPR emphasised strict compliance with rules and directions and that rhetoric from the courts (albeit not always decisions) had been consistent with that. An analysis of the latest Jackson litigation, however, indicates that judges are increasingly adopting a strict approach to compliance, and using costs budgets and sanctions to underpin this…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
A misrepresentation is a statement that induces entry into a contract and that turns out to be false.
Marshalling is an equitable remedy for achieving fairness between two or more secured creditors of the same debtor.
Analysis from The Lawyer
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents