header-logo header-logo

25 January 2013 / David Greene
Issue: 7545 / Categories: Opinion , Legal services , Profession
printer mail-detail

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
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