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26 March 2010 / Patrick Allen
Issue: 7410 / Categories: Opinion , Costs
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Just the beginning

Much of what has been written on the Jackson report so far suggests that the time for debate is over. This is not correct. The debate is just beginning.

Much of what has been written on the Jackson report so far suggests that the time for debate is over. This is not correct. The debate is just beginning. We can see that costs in personal injury cases are the main target of the report. The Jackson package has the potential to cause grave disadvantage to injured claimants and their ability to bring forward their claims.

We therefore have an obligation to subject the proposals to rigorous scrutiny to see whether they represent an improvement on the current system or a setback to access to justice.

Principles

Civilised society must have an effective system of civil and criminal justice which ensures that all citizens, rich or poor can bring their claims to court. Before 1950, we had no legal aid. Only the wealthy and some

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NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
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Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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