The management of civil cases: a snapshot

Reports on research into the extent to which eight county courts have succeeded in using case management to fulfil the goals of the 1999 civil justice reforms. Reviews the main findings on whether the modifications have brought about a change in litigation culture, the practical application of the case management process, the use of experts, the role of case management conferences and the number of cases in which settlement occurs, including the impact of CPR Part 36. Discusses concerns relating to resources, court administration and the effect of the reforms on costs

Predictability and budgeting

Discusses the establishment of a theoretical basis for a predictable costs model through budgeting. Considers recommendations concerning case management and costs control in the Final Report of Lord Woolf's Access to Justice Inquiry. Analyses cases on cost capping, focusing on the Queen's Bench Division case of AB v Leeds Teaching Hospitals NHS Trust and the Court of Appeal decision in Lownds v Home Office concerning group litigation and the overarching principle of proportionality, setting out the test on proportionality laid down in Lownds. Looks at the court's power to cap costs, whether cost control should be applied in all cases, whether all costs should be capped and the relationship between capped costs and fixed costs. Sets out a suggested model of budgeting and advises on project management tools and budgeting techniques. Considers the practicalities of introducing budgeting and how it would fit with other procedural rule

Litigation funding: status and issues

This Research Report by the Centre for Socio-Legal Studies, Oxford and Lincoln Law School identifies the current state of (third party) litigation funding in Europe, with extra information on Australia, the U.S.A. and Canada. It sets out findings from a series of interviews with major funders, summarises the legal and commercial rules and situation, and then analyses the main issues of ethical practice that arise. It finds that litigation funding is widespread and growing in a number of jurisdictions. Litigation funding in Europe is currently focused almost exclusively as a bespoke product on commercial and international disputes, and not on small or consumer disputes, or mass claims. The authors analyse potential issues of conflicts of interest that arise with any non-party independent funding of litigation, and note the development of a self-regulatory code approach by litigation funders. They recommend that if litigation funding were to become available for disputes involving consumer or smaller companies risks would increase and formal regulation would be required