header-logo header-logo

12 August 2011 / Dominic Regan
Issue: 7478 / Categories: Opinion , Costs
printer mail-detail

The Jackson reforms: winners & losers

Dominic Regan sifts through the Jackson winners & losers

“Inevitably, there will be winners and losers as a result of my proposals” declared Lord Justice Jackson on that bitter January morning last year when he introduced his radical proposals for reform. Intriguingly, some perceived “winners” are looking like losers. Who and why so?

Clause 43

Before we delve into this there is one out and out loser and that is the after the event (ATE) insurance market. Clause 43 of the Legal Aid Bill precludes the recovery of such premiums (except where cover is taken out in clinical negligence cases in respect of expert fees).

The planned extension of the existing portal claims scheme will remove vast tranches of work from the land of risk. The present road traffic accident portal is risk free in the opening stages. Only a tiny minority of cases enter stage 3 where there is the possibility of an adverse costs outcome.

One-way costs shifting

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

back-to-top-scroll