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Progress report

20 January 2012 / Dominic Regan
Issue: 7497 / Categories: Opinion , Legal aid focus , Legal services
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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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NEWS
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
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