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20 January 2012 / Dominic Regan
Issue: 7497 / Categories: Opinion , Legal aid focus , Legal services
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Progress report

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
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
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A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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