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10 October 2012
Issue: 7533 / Categories: Legal News
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Jackson caps confirmed

Government sticks to Jackson implementation dates

Damages-based agreements (DBAs) will be capped at 50%, apart from personal injury and employment law cases, the government has announced.

Personal injury DBAs will be capped at 25%, excluding damages for future care and loss. A ministerial statement confirmed the changes will take place in April 2013, as planned—there had been rumours the implementation date might slip.

Success fees for personal injury cases brought on a conditional fee agreement (CFA) basis will also be capped at 25%, excluding damages for future care and loss.

The ban on referral fees in personal injury cases will also go ahead in April 2013, as planned. The road traffic accident personal injury scheme will be extended to include claims up to £25,000, and will include employers’ liability and public liability claims. The Ministry of Justice says it is also considering introducing independent medical panels for whiplash claims and amending the small claims threshold for damages for personal injury claims.

David Greene, a partner at Edwin Coe and NLJ consultant editor, says: “There remain doubts as to whether this can all be done by April. It still looks as if the process is being rushed.”

NLJ columnist Professor Dominic Regan, of City University, says: “It is no surprise that the government is charging on with reform.

“It will be a major beneficiary for it is invariably on the paying side. The demise of recoverability of success fees and after the event insurance premiums will lighten the costs burden.”

Prof Regan added that the reforms to the road traffic accident scheme were a “non-event”. “Hardly any cases fall within the extended bracket (£10,000-£25,000) and even those caught are more likely to exit as they are quantum high and more susceptible to scrutiny.”

Issue: 7533 / Categories: Legal News
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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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