Robust judicial case management in action
In a Judgment handed down on 14 March 2013, the Court has sent a powerful message to all parties, and to their solicitors, about the immediate and painful financial consequences of 'manoeuvring' and seeking to frustrate effective judicial case management.
We expect to see an increase in such decisions in the period before and following implementation of the Jackson costs reforms on 1 April 2013.
In this High Court (TCC) decision, Judge Edwards-Stuart saw fit to adopt a firm line with the Claimant’s solicitors and to exercise his discretion to penalise them severely on costs. This type of case and costs management intervention, at an early procedural stage, is likely to become an increasingly common feature in litigation until parties and their solicitors become accustomed to the change in rules and culture. In the meantime the financial penalties imposed will be a source of potential friction between client and lawyer, particularly where the relevant risk factors have not been adequately explained.
To link through to the case, click here.
For a fuller analysis and commentary, click here.