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22 June 2011
Issue: 7471 / Categories: Legal News
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Government backs Jackson

The government confirmed its implementation of Lord Justice Jackson’s civil litigation costs reforms in its Legal Aid, Sentencing and Punishment of Offenders Bill

The Jackson reforms would abolish the recoverability of success fees and after-the-event insurance in cases funded by conditional fee arrangements (CFAs), allow contingency fees (damages-based agreements) and increase general damages by ten per cent.

Lawyers gave a mixed reaction.

Andrew Parker, head of strategic litigation at Beachcroft and an assessor to the Jackson Review, said: “It’s good to see the government sticking to its guns on implementing the core principles of Jackson LJ’s recommendations; businesses and consumers will benefit from this control of disproportionate legal costs.”

However, Susan Brown, director at law firm Prolegal, said:“Introducing a system which has no certainty of reducing costs and could equally well increase them, will undoubtedly lead to satellite litigation, will make it more difficult for claimants to find an experienced personal lawyer to represent them, and is extremely dangerous at a time when the legal services industry is on the brink of the major upheaval that will result from the introduction of alternative business structures.”

Brown said Clarke “used the argument that CFAs would protect access to justice as legal aid is withdrawn for clinical negligence cases, but failed to explain that this access to justice will no longer be as widely available because of the reforms he is proposing to no win no fee agreements”.

Issue: 7471 / Categories: Legal News
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MOVERS & SHAKERS

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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