On April 1, 2013 the Jackson reforms brought into force sweeping changes relating to funding and costs in civil litigation.
One year on and one of the key changes introduced by the Jackson reforms – the requirement for parties to provide costs budgets for each of the 10 phases of the litigation – has been extended to all Part 7 multi-track cases issued on or after April 22, 2014 except where the claim is valued at £10 million or more. Many more claims are, therefore, set to fall within the costs budgeting regime going forward, meaning that how the courts approach costs management is going to be a key issue for practitioners and their clients.
Aside from the changes relating to funding, perhaps the most significant impact of the Jackson reforms has been on the courts’ approach to case management. There is now a much greater emphasis on compliance with the rules and court orders. This has led to the courts adopting a stricter approach to granting relief from sanctions, as demonstrated by the Court of Appeal’s decision in Mitchell v News Group Newspapers  EWCA Civ 1537.
In this briefing paper, we examine some of the key case and costs management decisions over the last year and the impact that they have had and will likely continue to have on the way that parties conduct litigation.