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12 August 2011 / Dominic Regan
Issue: 7478 / Categories: Opinion , Costs
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The Jackson reforms: winners & losers

Dominic Regan sifts through the Jackson winners & losers

“Inevitably, there will be winners and losers as a result of my proposals” declared Lord Justice Jackson on that bitter January morning last year when he introduced his radical proposals for reform. Intriguingly, some perceived “winners” are looking like losers. Who and why so?

Clause 43

Before we delve into this there is one out and out loser and that is the after the event (ATE) insurance market. Clause 43 of the Legal Aid Bill precludes the recovery of such premiums (except where cover is taken out in clinical negligence cases in respect of expert fees).

The planned extension of the existing portal claims scheme will remove vast tranches of work from the land of risk. The present road traffic accident portal is risk free in the opening stages. Only a tiny minority of cases enter stage 3 where there is the possibility of an adverse costs outcome.

One-way costs shifting will mean that a claimant who loses will not

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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