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A different way...

01 September 2010 / Simon Gibbs
Issue: 7435 / Categories: Opinion , Costs
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Now that the Jackson Costs Review has jumped back to the top of the agenda, the inevitable frantic lobbying over the proposals has started afresh.

Simon Gibbs proposes a solution to the ATE costs headache

Now that the Jackson Costs Review has jumped back to the top of the agenda, the inevitable frantic lobbying over the proposals has started afresh. One of the first out of the starting blocks was Matthew Amey, director at The Judge defending the current after-the-event (ATE) regime (NLJ, 6 August 2010, p 1094).

The ATE debate is an interesting one from an historical perspective. Lord Justice Jackson wants to end recoverability of ATE premiums. In large part this is because of the perceived excessive and disproportionate amounts now claimed by way of premium. The judiciary has come out strongly in support of his proposals.

The first irony is that it was the judiciary that allowed matters to reach their current critical state. The decision in Rogers v Merthyr Tydfil

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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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