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The new CPR rules implementing large swathes of the Jackson costs reforms are apparently due to be released today.
Because recoverability of additional liabilities is due to end, large parts of the CPR and Costs Practice Direction will become redundant. The relevant parts of the CPR and CPD are therefore due to be have a complete makeover with the end result anticipated to me much shorter and, in theory, easier to navigate.
The only problem is that recoverability is not due to end retrospectively. We will still have several years of claims where the old rules will apply. To put this in context, a file has just landed on my desk where it looks suspiciously as though the CFA will be found to be in breach of the CFA Regulations notwithstanding that those Regulations were revoked as far back as 2005. Eight years down the line the old rules are still relevant.
How will legal publishers deal with this? Will they consign the old rules to Volume 2 of the White Book? Don’t throw out your old copy on 1st April.