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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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