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13 August 2010 / Victoria Cargill
Issue: 7430 / Categories: Opinion , Fees
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The great divide

Since the publication of the Legal Services Board (LSB) report on referral fees there has been much debate on their role in the legal profession with a particular onus on their impact in personal injury claims

Victoria Cargill untangles the threads of the ongoing referral fee debate

Since the publication of the Legal Services Board (LSB) report on referral fees there has been much debate on their role in the legal profession with a particular onus on their impact in personal injury claims (LSB economic analysis, May 17, 2010). It’s an emotive subject and referral fees have been a dividing factor between the claimant and defendant sides of the profession since the ban on referral fees was lifted in March 2004. When this happened the battle lines were drawn and both sides have been entrenched ever since.

The problem with addressing the issue is that while the question looks simple to answer—does a referral fee provide any benefit to civil litigation?—the reality is more complicated. We are dealing with not just financial elements

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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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