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24 June 2011 / Peter Causton
Issue: 7471 / Categories: Opinion , Procedure & practice
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Courting change

Peter Causton muses over the future of the litigation landscape

Hard on the heels of the Jackson and Young reviews and proposed cuts to the ambit of legal aid, comes another consultation from the Ministry of Justice (MoJ): Solving Disputes in the County Courts: Creating a simpler, quicker and more proportionate system, the responses to which are due in by the end of the month. In addition, the white paper dealing with the implementation of the Jackson reforms was published this week and it is unclear how the changes proposed in the consultation will tie in with this, or how all these ambitious changes will be funded.

If implemented, the proposals outlined in the consultation are likely to be a “double-whammy” for litigators already dealing with the changes to litigation funding being pushed through, including irrecoverability of the conditional fees arrangements uplift, and after-the-event insurance premiums. It is very difficult at this stage to predict exactly what the litigation landscape will look like in five years time.

It is clear from the consultation that

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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