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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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