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The Big (PI) Issue

15 April 2010 / Stuart Kightley
Issue: 7413 / Categories: Opinion , Costs
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If a 584-page report can be distilled into one basic question it is this: who should meet the cost of funding personal injury litigation?

If a 584-page report can be distilled into one basic question it is this: who should meet the cost of funding personal injury litigation?

Sir Rupert answers his own question emphatically: defendants should no longer meet the cost of these additional liabilities, and the Back to the Future solution is for the burden to fall onto the individual claimant.

What has changed in 10 years that makes it now so iniquitous that defendants should continue to pay success fees and after the event (ATE) premiums?

Liability insurers have certainly complained long and loud over this additional expense and the system has been mired in satellite litigation.
Success fee percentages have gone down over this period, so that in the vast majority of PI cases success fees are fixed at 12.5% or 25%. ATE premiums have, however, increased significantly, partly because

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

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Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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