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25 January 2013 / David Greene
Issue: 7545 / Categories: Opinion , Legal services , Profession
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Litigating in the dark

Pushing the Jackson reforms through at break neck speed is in no-one’s interest, says David Greene

After the long debate the profession has accepted that the Jackson and accompanying reforms are going to become law and now seeks to prepare for the radical changes to be introduced in April. The effect of them will be widespread, particularly when combined with changes in the scope of legal aid, to the Road Traffic Accident (RTA) portal and costs recovery. The day for argument about the effect that they have on access to justice is over. They are now inevitable and everyone is seeking to approach them in a positive fashion. The position in relation to that approach has, however, become quite ridiculous. 

The changes are to have effect from 1 April although there will be differing commencement dates for different provisions. Lest anyone thinks otherwise, the changes are dramatic for both clients and solicitors:

  • For claimants there will be a steep increase in the cost of access to the courts; and
  • for defendants there will be tactical questions arising from the wording of the changes
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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
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