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25 January 2013 / David Greene
Issue: 7545 / Categories: Opinion , Legal services , Profession
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Litigating in the dark

Pushing the Jackson reforms through at break neck speed is in no-one’s interest, says David Greene

After the long debate the profession has accepted that the Jackson and accompanying reforms are going to become law and now seeks to prepare for the radical changes to be introduced in April. The effect of them will be widespread, particularly when combined with changes in the scope of legal aid, to the Road Traffic Accident (RTA) portal and costs recovery. The day for argument about the effect that they have on access to justice is over. They are now inevitable and everyone is seeking to approach them in a positive fashion. The position in relation to that approach has, however, become quite ridiculous. 

The changes are to have effect from 1 April although there will be differing commencement dates for different provisions. Lest anyone thinks otherwise, the changes are dramatic for both clients and solicitors:

  • For claimants there will be a steep increase in the cost of access to the courts; and
  • for defendants there will
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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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