Procedure: The quality of mercy

Civitas Chambers | The Commercial Litigation Journal | March/April 2014 #54
Owain Rhys James brings a view from the Bar on the ‘Mitchell principles’ ‘The court’s hardline stance on non-compliance, proactive involvement in case management and the tougher regime for granting relief has created a number of potentially fatal hurdles for litigators.’ The Jackson reforms brought about a sweeping reform of civil litigation generally. However, it …

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Proportionality And Compliance: Will this new matrix control litigation costs?

Kingsley Napley LLP | Personal Injury Law Journal | September 2013 #118
Natalia Siabkin and Suzanne Farg discuss the impact of the reforms five months after implementation ‘It remains to be seen whether the new rules will reduce the costs of litigation by curbing unnecessary costs or will have the more detrimental effect of preventing litigants from pursuing their claims fully (or at all).’ The new Jackson …

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Case Report: Guntrip v Cheney Coaches Ltd [2012] EWCA Civ 392

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | June 2012 #106
Case management; appeal; limiting expert evidence ‘Prior to the CPR, experts were effectively part of a party’s legal team – the experts did not meet and this situation would rarely arise. Furthermore, prior to CPR 35.4(1) parties were free to call as many experts as they wished.’ In this case, Lord Justice Lewison, with unanimous …

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