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22 November 2019 / Dominic Regan
Issue: 7865 / Categories: Features
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Predicting the (civil litigation) road ahead

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Significant changes are in the pipeline & lawyers need to be aware of what is planned. Dominic Regan puts down some markers

The civil reform process is not over. Intriguingly, the one reform that has attracted the most publicity seems unlikely to be implemented in the near future. The last government legislated for personal injury reforms designed to stifle lower value road traffic claims in particular. April 2020 was definitely going to be the date of implementation. Since fundamentals such as a new Protocol and precise Rules have yet to be addressed, April looks preposterous. As and when the reforms are implemented, the bottom will drop out of lower value claims which up to now have provided bread and butter work for solicitors and the Bar. Sir Rupert Jackson cut his teeth doing cases where the defendant failed to stop, steer or otherwise avoid a collision.

The major change coming is the extension of fixed costs. Everything up to £25,000 will be captured, as will the majority of claims worth from

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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