header-logo header-logo

24 June 2011 / Peter Causton
Issue: 7471 / Categories: Opinion , Procedure & practice
printer mail-detail

Courting change

Peter Causton muses over the future of the litigation landscape

Hard on the heels of the Jackson and Young reviews and proposed cuts to the ambit of legal aid, comes another consultation from the Ministry of Justice (MoJ): Solving Disputes in the County Courts: Creating a simpler, quicker and more proportionate system, the responses to which are due in by the end of the month. In addition, the white paper dealing with the implementation of the Jackson reforms was published this week and it is unclear how the changes proposed in the consultation will tie in with this, or how all these ambitious changes will be funded.

If implemented, the proposals outlined in the consultation are likely to be a “double-whammy” for litigators already dealing with the changes to litigation funding being pushed through, including irrecoverability of the conditional fees arrangements uplift, and after-the-event insurance premiums. It is very difficult at this stage to predict exactly what the litigation landscape will look like in five years time.

It is clear from the consultation that the government wants to rationalise the jurisdiction of the civil

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

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
back-to-top-scroll