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Costs, experts, myths & legends: a sequel

30 January 2020 / David Locke
Issue: 7872 / Categories: Features , Personal injury , Costs
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The argument about legal costs in clinical negligence & personal injury litigation shows no sign of abating, says David Locke

  • Going round in circles: legal costs arguments.
  • Back to the future: retreating to the days of the Review of Civil Litigation Costs.
  • The role of experts: an adversarial approach.
  • Potential solutions: early disclosure of evidence and joint experts?

The argument about legal costs in clinical negligence (and personal injury) litigation cycles back around in ever decreasing circles, depressingly without any real nuance in the arguments at each repetition. Although it has been sadly overlooked in recent days, things are changing. However, in the face of lurid headlines and eye-watering figures, there is an apparently irresistible urge to retreat to the trenches that were dug during the Review of Civil Litigation Costs, and indeed even before that.

Slay the tropes

In response to concerns about claimant solicitor fees, the most often repeated trope (heard many times recently) is that medical defence organisations,

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

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Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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