Nearly three-quarters of lawyers say civil litigation costs have increased not decreased since the Jackson reforms, according to the second Litigation Trends Survey by NLJ and the London Solicitors’ Litigation Association (LSLA), published this week.
Civil litigators responding to the survey of LSLA’s 1,400 members bemoan a return of pre-Woolf adversarial days, noting an increase in rigid, aggressive behaviour and an unhealthy obsession with point-scoring. Such behaviour was elbowing out pre-Mitchell pragmatism, flexibility and co-operation between parties, which used to get the job done sensibly for clients.
Asked if case management behaviour on specified time limits had altered as a result of Mitchell, 72% of respondents said “Yes”.
You can read the rest of the article on the New Law Journal website: http://www.newlawjournal.co.uk/nlj/content/survey-uncovers-real-cost-reform