header-logo header-logo

22 November 2019 / Dominic Regan
Issue: 7865 / Categories: Features
printer mail-detail

Predicting the (civil litigation) road ahead

11892
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll