Post-Jackson ‘traps’ for the unwary

The Jackson reforms have been with us for nearly six months now. While the abolition of recovering success fees and premiums was met with cheer, the procedural changes and the approach of the courts to enforcing the new rules — particularly when seeking relief from sanctions — have been met with some trepidation by the profession. Mills & Reeve has set out below how the courts have been applying their new powers.

Elvanite v AMEC: the defendants served a cost estimate immediately before trial that doubled their previously approved budget. They won at trial, but lost their application to amend the budget because it had been made too late and should have been made as soon as the budget was exceeded.

Baker v Hallam Estates Ltd: the court allowed an appeal against an order extending time for serving points of dispute in detailed assessment proceedings, where the application for an extension of time was issued after the 21-day time limit had expired…

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