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20 February 2013 / Dominic Regan
Issue: 7549 / Categories: Opinion , Personal injury
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Keep your chin up

Dominic Regan remains optimistic about the future of injury litigation

The depressing news that a greatly respected major claimant road traffic firm was consulting upon mass redundancies no doubt confirmed the anxious fears of many. While it is as obvious as it is inevitable that claimant injury practices are going to be squeezed, it is by no means the end of the world for a variety of reasons.

Good news

I was elated to learn that the futile extension of the portal regime, so as to embrace employers’ liability (EL) claims, has been postponed. If wisdom prevails it will be quietly abandoned. It is wrong on so many fronts. There is no database of insurers as in road traffic accidents (RTAs) and the law can be mightily complex. I see no benefit in constructing an expensive and elaborate portal in an area where the majority of cases supposedly caught will exit. Since the simple RTA portal loses about 50% of cases I would anticipate that at least 80% of EL matters would slide away.

Likewise, the proposal to increase the existing RTA

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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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

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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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