- Litigation Futures - https://www.litigationfutures.com -

MR names five appeal judges as core group for costs cases


Jackson: overseeing reforms

Lord Justice Jackson is among a roster of five Court of Appeal judges named today as the core members who will deal with cases arising out of his reforms.

At least one of the group – designated by the Master of the Rolls, Lord Dyson – will be on the bench for all appeals arising from the reforms.

Lord Dyson, is one of them and as well as Jackson LJ he is joined by Lord Justice Stephen Richards (the deputy head of civil justice), Lord Justices Davis and Lewison.

The announcement implements recommendation 87 of the Jackson report, which said the Master of the Rolls should designate Lord Justices to consider issues concerning the interpretation or application of the Civil Procedure Rules arising from the reforms. The report had recommended two Lord Justices be appointed, but five have been appointed to allow for flexibility of listing.

Lord Justices Davis and Lewison have sat in the appeal court for two years. In one case last year, Lewison LJ cited with approval a passage from the Jackson report that said: “Courts at all levels have become too tolerant of delays and non-compliance with orders. In so doing they have lost sight of the damage which the culture of delay and non-compliance is inflicting on the civil justice system. The balance therefore needs to be redressed.”

He also supported Jackson LJ’s view that it is vital the Court of Appeal supports first instance judges who make robust but fair case management decisions.

Sir Nigel Davis was called to the Bar in 1975 and took silk in 1992. He became a recorder in 1998, and a deputy High Court judge in 1999. He was appointed to the High Court (Queen’s Bench Division) in 2001 was a presiding judge for the Wales Circuit between 2006 and 2009.

Sir Kim Lewison was also called in 1975 and took silk in 1991. He was appointed as an assistant recorder in 1994, as a recorder in 1997, as a deputy High Court judge in 2000, and a member of the Competition Appeal Tribunal in 2004. He was appointed to the High Court (Chancery Division) in 2003 and was a Chancery supervising judge between 2007 and 2009.