Litigation

Lord Clarke, the Master of the Rolls, has urged members of the judiciary to support Lord Justice Jackson’s preliminary review of civil costs and costs management pilot in Birmingham. The aim is to reduce costs and “realise the Woolfian dream”, he said in a speech to the Designated Civil Judges’ Conference in June. He also expressed a hope that costs management would soon be piloted in defamation cases. 

In June, the Council formally asked the ECJ for a ruling on the compatibility with the EC Treaty of a possible future Agreement creating a Unified Patent Litigation System (“UPLS”). The incoming Swedish EU Presidency will support this. 

http://ec.europa.eu/internal_market/indprop/docs/patent/recommendation_sec09-330_en.pdf 

Work is continuing on the Bar’s proposed self-funding civil justice scheme to “deal with nuts and bolts” ahead of Lord Justice Jackson’s final recommendations on litigation costs. 

THE Bar Council welcomed Lord Justice Jackson’s Preliminary Report reviewing the cost of civil litigation published today. Responses will be sought by Lord Justice Jackson from interested parties over the summer, before a final report and recommendations are published in late 2009. The Bar Council welcomes the initiative to review costs in civil matters. 

The Bar Council has already established a Jackson Working Group which will consider the issues raised by the Jackson Review. It is chaired by Michael Todd QC, with Susan Rodway QC as Vice-Chair. Representatives of a number of Specialist Bar Associations are members of the Group and they will be able to represent the diverse views of those working in the various civil fields. 

The Bar Council has reacted with interest to Lord Justice Jackson’s provisional view on “no win no fee” agreements contained in his preliminary report in his Review of Civil Litigation Costs. 

An appeal on behalf of an independent charity which provides free services for people who go to court has been backed by the Attorney General, the Lord Chief Justice and the Bar Council. The Personal Support Unit, based at the Royal Courts of Justice, gives emotional and practical support from experienced and trained volunteers to litigants who are unfamiliar with the court environment and procedures. 

Set up in 2001, the Personal Support Unit was the subject of the weekly Radio 4 Appeal on Sunday 18th January 2009 at 7.55am, when Lord Woolf spoke in support. 

Baroness Scotland QC, Attorney General, said: 

"I have seen the Personal Support Unit at work and am very impressed by its professionalism and the way in which it meets a significant need. 

Don’t face a wasted costs claim. Open your eyes to the power and mechanics of litigation technology, says Chris Dale 

Desmond Browne QC reviews the state of the profession in 2009 

The Bar Council contributed to another regular training session for Commercial Officers from selected UK embassies on 6 November. On this occasion officers from UK missions in Russia, India, China, Chile and the Middle East attended. The bar-led part of the day informed the Officers about how the Bar works and the legal services barristers can provide to overseas clients. Richard Wilmot-Smith QC and Gregory Mitchell QC spoke on international arbitration and international litigation. Feedback from the Officers was excellent and as a result of individual contacts made a number of leads are being pursued in Russia and the Middle East.