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26 May 2011 / John Spencer
Issue: 7467 / Categories: Features , Personal injury
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Backhand of justice

Is the personal injury marketplace at odds with solicitor obligations? John Spencer investigates

There is no hiding the fact that the words “no win, no fee” have become synonymous in some circles with ambulance chasing lawyers and spurious claims. Systemic failings in the personal injury (PI) system have unleashed a merry go round of perverse commercial incentives. It is therefore unsurprising that Lord Justice Jackson in his Review of Civil Litigation Costs turned his attention to tackling these inadequacies.

The latest reaction to Jackson LJ’s review is the Ministry of Justice’s (MoJ’s) response The Reform of Civil Litigation Funding and Costs published in March 2011. In it, the MoJ outlined a number of areas which are planned to be the subject of legislation later this year, most likely in June, with implementation likely, at earliest, to be from April 2012. 

They include the abolition of recoverability of success fees and the introduction of qualified one-way cost shifting (QOCS).  With regard to the latter, there is a consequent removal of the need for after the event (ATE) insurance to cover this risk. Therefore in future,

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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