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26 February 2010 / Andrew Parker
Issue: 7406 / Categories: Opinion , Costs
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A brave old world?

In the few weeks since publication of Sir Rupert Jackson’s final report last month, the most talked about of his recommendations has been the proposal to abolish the ability to recover success fees and after the event (ATE) insurance premiums from the losing party. The reactions have ranged from outraged cries that access to justice will be stifled, through a broad welcome from those who have to pay them now, to the ostrich-like assumption that the primary legislation needed will never happen.

In the few weeks since publication of Sir Rupert Jackson’s final report last month, the most talked about of his recommendations has been the proposal to abolish the ability to recover success fees and after the event (ATE) insurance premiums from the losing party. The reactions have ranged from outraged cries that access to justice will be stifled, through a broad welcome from those who have to pay them now, to the ostrich-like assumption that the primary legislation needed will never happen.

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Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
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