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Litigation hotspots

17 May 2013 / David Greene
Issue: 7560 / Categories: Opinion , Profession
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David Greene predicts where the main areas of dispute will arise as a result of the civil litigation shake up

1 April has come and gone. We now live in the partial light of the Jackson World. Of course, the changes invoked by his proposals are but a small part of what happened on 1 April and since. No doubt of equal or greater importance have been the cut in the scope of legal aid and the cuts in recoverable fees for road traffic accident (RTA) claims. Clearly in both the cuts in scope and the Jackson changes, the access that claimants have to the justice process has been cut substantially.

A waiting game
It is, of course, only a partial light because everyone on the claimants’ side was busily signing up conditional fee agreements (CFAs) and after the event (ATE) insurance policies until the last minute (we received a notice of a CFA at 11.59pm on 31 March). Whether they did what they needed to secure recovery will play out in the coming years.

It

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Birketts—trainee cohort

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NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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