Excellent, and scathing, article from Dominic Regan in the New Law Journal on the botching of the implementation of the Jackson Reforms.
In addition to criticism of the fact that fixed costs for the fast-track will not happen next year (although see yesterday’s post), he expresses concerns as to the new proportionality test.
Although it appears that a new proportionality test in line with Lord Justice Jackson’s proposals will be introduced, the rules committee will not be providing a Practice Direction giving guidance as to how the new test will be applied. As Regan notes:
“Absent guidelines, there will be a free for all and satellite litigation will roar away. Remember that the test will apply to every case… Well, now we will have utter uncertainty in potentially any and every dispute. This will make the costs wars look like the teddy bears’ picnic.”