The costs of litigation remain a major issue almost 12 years after the release of the Right Honourable Lord Justice Jackson’s review. Various reforms have sought to address costs, such as the introduction of costs management and the extension of fixed recoverable costs.

Specific aspects of the litigation process have been targeted due to costs concerns, such as the disclosure pilot, shorter trial scheme and rules on trial witness statements in the Business and Property Courts. 

These show a desire to progress reform of the justice system. However, these all start from the premise litigation should be avoided, due to implications for the rule of law. Although there are good policy reasons for wanting to avoid a liti...

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