Jackson reforms

CA bids to strengthen funding market with security for costs ruling

A principle that a defendant receiving security for costs from a claimant’s litigation funder should not have to provide a cross-undertaking in damages will improve the funding market, the Court of Appeal has ruled.

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Court rejects JR over LASPO post-implementation review

The High Court has rejected a judicial review that argued the Ministry of Justice failed to carry out an adequate review of the impact of the LASPO reforms on those with asbestos-related diseases.

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SCCO master latest to weigh in on budget underspending

The question of whether underspending on a phase is a good reason to depart from a budget has come under the spotlight again after a costs judge ruled that it was not.

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Court rejects judicial review over failure to extend QOCS

The High Court has rejected a challenge to the Ministry of Justice’s failure to extend qualified one-way costs shifting to discrimination claims in the county court.

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Claimant and defendant lawyers accuse each other of cost-building

Claimant and defendant lawyers have accused each other of behaviour which inflates costs, in their responses to the government consultation on extending fixed recoverable costs.

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Jackson calls for overhaul of system for clinical negligence claims

Clinical negligence claims could be handled by a tribunal under a new test for liability of whether the patient has suffered ‘reasonably avoidable injury’, Sir Rupert Jackson has proposed.

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Judge disapplies QOCS after claimants’ failure to pay court fee

A failure to pay a trial fee can result in qualified one-way costs shifting being disapplied on strike-out, a judge has ruled in a decision could have implications for the new personal injury small claims regime.

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Lawyers concerned by figures underpinning fixed costs reform

Lawyers have reacted with caution to government plans to implement Sir Rupert Jackson’s recommendations for fixed recoverable costs, especially given the evidence behind the figures.

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19 January 2021
Christian Smith

Pay as you go? Not quite

The Court of Appeal recently reaffirmed the statement of the general rule in the White Book that the costs of an application for an interim injunction will, absent any special factors, be reserved.

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