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22 April 2010 / Stephen Gold
Issue: 7414 / Categories: Case law , Civil way
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Civil way: 23 April 2010

PI revolution in a week: official

PI REVOLUTION IN A WEEK: OFFICIAL

You’ve never seen anything like it. Enter the new process for low value road traffic claims which are uncontested on liability where the accident occurred after 29 April 2010 and is likely to catch around 2,000 cases a day. The process is governed by CPR update 52 (we know, just as you were recovering from update 51) principally embracing the Civil Procedure (Amendment) Rules 2010 (SI 2010/621) and a dedicated protocol.

It’s designed to fast-track claims by negotiation without proceedings and, where quantum cannot be agreed, to have damages determined on paper by a county court district judge in a CPR Pt 8 claim. Up to three stages will apply with the claimant’s legal representative being remunerated by fixed costs for each. He can collect a maximum of £1,450 plus VAT in profit costs (assuming there is no oral hearing—an extra £250 if there is on determination of damages) plus a success fee if a CFA of 12.50% on £1,200

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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