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27 May 2011 / Dominic Regan
Issue: 7467 / Categories: Opinion
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The Jackson juggernaut

Dominic Regan explains why Jackson is unstoppable

Can anything stop the implementation of Jackson? Concern is palpable. There is one way in which I think the most profound reform, the ending of the recoverability of additional liabilities, might yet be derailed.

It has to be said at the outset that big reforms are certain. Contingency fees will, I guarantee, be permitted. Fixed costs will be introduced into issued fast-track work. Contrary to popular perception, this will not be confined to injury work which only represents five per cent of litigation work. It is intended to have a much wider impact.

Active case management

The costs pilot being run in Birmingham, applicable to mercantile and construction cases is to be extended in October to all such courts around the country. Judges this month have started to receive training on this vital topic. I believe that we will soon see the pilot extended to the Chancery Division and ultimately it will apply to every multi-track action, regardless of subject-matter. Fast-track will be self-regulating with fixed costs in

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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