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Editor's blog | The next costs war

Jackson has left judges filling in the gaps

1 February 2013

Eight weeks to go and litigators are clutching at straws. A substantial chunk of the rules required to give effect to the Jackson reforms, most of which must be in place when LASPO comes into force on 1 April, are still to be drawn up. In the case of minor statutory changes, this kind of delay may be nothing to be overly concerned about. In the case of reforms that are expected to change the face of litigation, this is a different matter. With so many questions still unanswered, judges have started filling the gaps, giving us a snapshot of where the next costs war will be waged.

First there was the case of Simmons v Castle, where Lord Judge said the courts would raise compensation awards by ten per cent on the big day, only to have to ‘refine’ his decision three months later following an appeal by the ...

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