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Jackson: the last chance saloon

15 March 2013 / Dominic Regan
Issue: 7552 / Categories: Opinion , Jackson
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Dominic Regan averts panic with a Jackson to-do list!

On Jackson Day - 01 April -  the civil litigation process will undergo the greatest change of this century. While time is running out there is still the opportunity to move swiftly for the benefit of your client and yourself.

1 CFA

Enter into a conditional fee agreement (CFA) and take out after the event insurance before 1 April (Easter Monday), when the guillotine drops. Provided that you have entered into arrangements before that date you will remain able to recover additional liabilities even though the matter may not be resolved for years yet to come. While CFAs will survive after April, the general rule is that recoverability becomes a matter between you and your own client. Your opponent will be liable for base costs only. It will be an interesting tussle to see to what extent, if any, solicitors succeed in persuading their clients to agree to relinquish part of their damages. I do not hold out great hopes. Note that recoverability remains in insolvency , privacy and defamation.

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