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16 April 2010
Issue: 7413 / Categories: Legal News
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PI: the Jackson aftershock

Edited extracts from the live NLJ personal injury newscast first broadcast on 9 April

"One of the themes that runs through Jackson LJ’s final report is the idea that PI claims generally are straightforward and not complex.

Complex issues

In my experience straightforward claims do not carry very much risk, but a lot of complex issues can arise such as forseeability, duty of care, causation etc. Under the current regime, solicitors and counsel take on complex claims putting all their resources and time and effort into them on the grounds that they win some and lose some. That is litigation risk and success fees balance that risk. I feel the report fails to reflect this.

Fundamental principles

There is also the fundamental principle that a victim should recover damages as a result of another person’s negligence. As a principle, the idea that a victim should have to pay some of the costs out of the damages to establish liability in order to obtain damages, I just find unjust. It will also involve undertaking a completely different form of risk assessment. When you can balance that risk with success fees the system works;  but when you have high overheads and disbursements (including counsel’s fees) you may be more reluctant to take on certain cases, without the benefit of success fees. I also feel Sir Rupert has failed to consider the extents to which well established, and excellent, high street solicitors, who are specialist PI practitioners, are going to be affected by the reforms. They will not be in a position to spread these overheads across departments like larger city firms.

Passionate professionals

But whatever happens post the election, solicitors and counsel—those who practise in PI litigation—are passionate about assisting clients and they will continue to provide a first class service. I am confident they will continue acting for clients, and adapt to these changes with confidence.”

Simon Butler, barrister, Ely Place Chambers.  NLJ newscast participant

Issue: 7413 / Categories: Legal News
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MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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