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26 May 2011 / John Spencer
Issue: 7467 / Categories: Features , Personal injury
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Backhand of justice

Is the personal injury marketplace at odds with solicitor obligations? John Spencer investigates

There is no hiding the fact that the words “no win, no fee” have become synonymous in some circles with ambulance chasing lawyers and spurious claims. Systemic failings in the personal injury (PI) system have unleashed a merry go round of perverse commercial incentives. It is therefore unsurprising that Lord Justice Jackson in his Review of Civil Litigation Costs turned his attention to tackling these inadequacies.

The latest reaction to Jackson LJ’s review is the Ministry of Justice’s (MoJ’s) response The Reform of Civil Litigation Funding and Costs published in March 2011. In it, the MoJ outlined a number of areas which are planned to be the subject of legislation later this year, most likely in June, with implementation likely, at earliest, to be from April 2012. 

They include the abolition of recoverability of success fees and the introduction of qualified one-way cost shifting (QOCS).  With regard to the latter, there is a consequent removal of the need for after the

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MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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