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30 January 2020 / David Locke
Issue: 7872 / Categories: Features , Personal injury , Costs
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Costs, experts, myths & legends: a sequel

The argument about legal costs in clinical negligence & personal injury litigation shows no sign of abating, says David Locke

  • Going round in circles: legal costs arguments.
  • Back to the future: retreating to the days of the Review of Civil Litigation Costs.
  • The role of experts: an adversarial approach.
  • Potential solutions: early disclosure of evidence and joint experts?

The argument about legal costs in clinical negligence (and personal injury) litigation cycles back around in ever decreasing circles, depressingly without any real nuance in the arguments at each repetition. Although it has been sadly overlooked in recent days, things are changing. However, in the face of lurid headlines and eye-watering figures, there is an apparently irresistible urge to retreat to the trenches that were dug during the Review of Civil Litigation Costs, and indeed even before that.

Slay the tropes

In response to concerns about claimant solicitor fees, the most often repeated trope (heard many times recently) is that medical defence organisations, insurers and their panel solicitors deliberately seek to delay settlement

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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

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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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