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24 June 2011 / Peter Causton
Issue: 7471 / Categories: Opinion , Procedure & practice
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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

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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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