Dominic Regan studies signs of Jackson slippage & notes some worrying trends
While Lord Justice Jackson remains hopeful that the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (as it will be) will be enacted on 1 October 2012, there are signs of slippage, albeit slight. Much has yet to be done and civil servants are muttering about the changes coming into play in early 2013.
The fundamental reforms are the ending of recoverability of additional liabilities, the legitimisation of damages-based agreements in litigation (aka contingency fees), an enhanced Pt 36 reward scheme and the banning of referral fees.
A worrying read
The House of Commons Transport Select Committee report on the cost of road traffic accident (RTA) insurance was published earlier this month. RTA insurance is mandatory and so affects all drivers. Concern about rising premiums caused the government to decide that a ban upon referral fees was a necessity, a fundamental policy shift. The committee report makes worrying reading for RTA claimant practitioners. It urges that prompt regulation be implemented.
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