The concept of proportionality is not new to litigation
On 1 April 2013, there will be a cultural shift in the civil litigation landscape, mostly arising out of recommendations made by Lord Justice Jackson. The reforms herald major changes to how costs are dealt with by the courts. In particular, there will be greater emphasis on proportionality.
The overriding objective (CPR 1.1), which underpins civil litigation, has been amended to say that cases are to be dealt with justly and ‘at proportionate cost’. Including the concept of proportionality within the overriding objective places the principle at the very core of litigation practice.
Whether or not a step is proportionate must be considered in every case and at every stage as the matter progresses. In addition to the overriding objective, a new test of proportionality has been introduced when assessing costs. The intention in doing so is that there will be a greater focus on how litigation costs are managed, which should result in cases being conducted more economically and efficiently…
If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
On 10 January 2015, new EU rules on jurisdiction and enforcement of judgments in civil and commercial matters came into effect as a result of the Brussels Regulation (recast).
The FCA’s new business plan reveals that financial crime is now one of its most important areas of focus.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…