Legal Cost Specialists

Implementing Jackson

By on Jul 13, 2010 | 0 comments

I mentioned the other day that things seemed to have gone rather quiet on the question of whether the Jackson Costs Review will be implemented.

By a happy coincidence, an article by Dominic Regan in New Law Journal investigates how the courts are already starting to do this by stealth (my word, not his). 

One example given of this is the recent decision of the Court of Appeal in L G Blower Ltd v Reeves (reported within Gibbon v Manchester City Council [2010] EWCA Civ 726) which recognises that although the case of Carver v v BAA Plc [2008] EWCA Civ 412, concerning beating Part 36 offers by a narrow margin, is binding on them, for all practical purposes it can generally be ignored. 

How long before the Court of Appeal suggests that Lownds v Home Office [2002] EWCA Cic 365 no longer needs to be applied quite in the same way everyone else thought it did and disproportionate costs really should be disallowed?

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