Autumn Training Day – Jackson – How bad is it really?

 

Introduction

The Autumn of 2014 seems like a good time to pause and reflect on the Jackson reforms introduced in April 2013. A year and a half has passed: enough time for most practitioners to have had at least some practical experience of the new regime, whether by way of costs budgeting, disclosure or sanctions. The reforms were hardly greeted with unalloyed joy by property litigators – has the reality so far been as bad as we feared? Or worse? Or do we, deep down, think that it is better for our clients to litigate in a world where rules and orders are to be obeyed and costs strictly controlled?

This session at the Autumn Training Day will ask the audience to share their experiences of various aspects of the Jackson reforms. The notes that follow concentrate on the thorny issue of sanctions and relief from them, which has been productive of the greatest number of reported cases in the months since the reforms took effect and, in particular, the Court of Appeal decisions in Mitchell v News Group Newspapers Ltd & Denton v TH White Ltd.

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