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13 January 2012 / Dominic Regan
Issue: 7496 / Categories: Opinion , Legal services , Profession , Damages , Personal injury , Limitation
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One for the record books?

Dominic Regan predicts good times ahead for UK litigators

For litigators, 2012 will be the year of the century. The Legal Aid and Punishment of Offenders Bill will receive Royal Assent, paving the way for seismic changes which will affect all civil claims in some way. My next article will mull over those reforms.

Almighty case

Here, I want to identify some of the big cases coming. In March or April we are likely to see the Supreme Court decision in Ministry of Defence v AB and others. Injury lawyers will be captivated by the decision of the seven who heard the appeal. A group of 1,011 claimants seek damages for exposure to ionising radiation as a result of exposure to nuclear tests undertaken during the 1950s in the Pacific Ocean.

Two almighty points are to be decided. What is the correct test for identifying the date of knowledge and how is the discretion under s 33 of the Limitation Act 1980 to be properly exercised?

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NEWS
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
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