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20 February 2013
Issue: 7549 / Categories: Legal News
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MoJ sets out detail on Jackson

Rules for the implementation of Jackson reforms laid in Parliament

The Ministry of Justice has laid out its rules for the implementation of the Jackson reforms. The Civil Procedure (Amendment) Rules 2013 (SI 2013/262), laid in Parliament last week, cover the bulk of Lord Justice Jackson’s civil justice reforms, including the introduction of qualified one way costs shifting (QOCS), damages-based agreements and tighter costs management.

Any party which fails to file a budget despite being required to do so will be treated “as having filed a budget comprising only the applicable court fees”.

Courts must in future deal with cases “at proportionate cost”, apply new rules on Pt 36 awards, and require parties to provide an upfront estimate of the costs of expert witnesses.

Julian Chamberlayne, head of the travel law team and partner at Stewarts Law, says that the biggest surprise in the new CPR for personal injury and clinical negligence lawyers is that the QOCS exceptions will still “expose successful claimants to interlocutory, issue based or proportional costs awards, but only up to the level of damages and interest awarded”.

“All prior indications were that this particular chink in the QOCS armour would only relate to successful Pt 36 offers by defendants. After the event insurers have been slow to reveal the detail of their post-Jackson products and there is no sign that they had anticipated a need to provide cover for interlocutory, issue based or proportional costs awards.

“The inevitable result is that finalisation and pricing of the new ATE products will go even closer to the wire. In catastrophic injury cases, the combination of these risks could result in cost liabilities of several hundred thousand pounds.”

The new rules come into effect on 1 April.

Issue: 7549 / Categories: Legal News
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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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