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Brown said Clarke “used the argument that CFAs would protect access to justice as legal aid is withdrawn for clinical negligence cases, but failed to explain that this access to justice will no longer be as widely available because of the reforms he is proposing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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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