Litigation and things

King's College/TeCSA/Fenwick Elliott LLP sponsored Costs Management Pilot Scheme Report has now been published

Please see Article attached here

Please see attached Report here


Two pieces of hot news:

(i) on TCC costs management reforms, and

(ii) on the new TeCSA –e-disclosure Protocol

The first concerns the news the Technology and Construction Court will be conducting its own review of the £2m plus costs management exemption from the automatic costs management provisions that currently apply to cases below £2m. The plan it seems is that from about July 2013 the TCC will be undertaking a review of the cases that have gone through first Case Management Conference since 1 April 2013.  A decision then being made that may mean the TCC could opt out of the £2m or more exemption for automatic costs management and thereby apply it to all standard cases.

The second is that TeCSA has set up a Working Group's with the objective to provide TeCSA members with guidance, know-how and training on E-Disclosure to raise members’ understanding of what is required in practice to meet their E-Disclosure obligations under the CPR and how best to manage the practical and technical complexities of the process consistent with best practice and the new cost management and other rules implementing the Jackson reforms. 

A key goal in this mission is to radically reduce the disparity in terms of knowledge and experience that currently exists amongst practitioners which continues to affect the efficiency and cost-effectiveness of the litigation process and which is a continuing cause for concern for the TCC judges.

To achieve this objective the Working Group has resolved to:

·  Produce an E-Disclosure Protocol in conjunction with TECBAR and SCL, specially designed to meet the particular needs of TCC business,  for consultation with the TCC Judges this summer with a view to its incorporation into the new TCC Guide in Autumn 2013 as representing a best practice code or set of guidelines with which they will require or at least expect familiarity and compliance;

·  Produce a pro forma Disclosure Report (to be served 14 days before the first CMC) for consultation with the TCC Judges;

·  Establish and maintain a body of E-Disclosure know-how material on the TeCSA website which will be available to TCC users (and presumably TECBAR too); and

·  Establish a training programme to educate TeCSA/TECBAR members in legal, technical and practical E-Disclosure issues.  

In this vein I am delighted to invite your attention to TeCSA’s mission statement. We will soon announce more details on this very important initiative.

Save the Date - TeCSA Champagne Summer Party

Following the great success of our previous summer cocktail parties, TeCSA will be holding another jamboree this year on Wednesday 12 June 2013 at Pinsent Masons Roof Terrace at level 7, 30 Crown Place, near Liverpool Street.

 Keep it clear!

 Best wishes

 Simon Tolson

Chairman of TeCSA

See attached

Reforming the costs of civil litigation: 20th March 2013

Reforming the costs of civil litigation:  How the Jackson costs reforms will affect the TCC

20th March 2013

Star Speaker:  Mr Justice Vivian Ramsey

Location:  Royal College of Surgeons

Click here for further details.

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