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17 May 2013 / David Greene
Issue: 7560 / Categories: Opinion , Profession
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Litigation hotspots

David Greene predicts where the main areas of dispute will arise as a result of the civil litigation shake up

1 April has come and gone. We now live in the partial light of the Jackson World. Of course, the changes invoked by his proposals are but a small part of what happened on 1 April and since. No doubt of equal or greater importance have been the cut in the scope of legal aid and the cuts in recoverable fees for road traffic accident (RTA) claims. Clearly in both the cuts in scope and the Jackson changes, the access that claimants have to the justice process has been cut substantially.

A waiting game
It is, of course, only a partial light because everyone on the claimants’ side was busily signing up conditional fee agreements (CFAs) and after the event (ATE) insurance policies until the last minute (we received a notice of a CFA at 11.59pm on 31 March). Whether they did what they needed to secure recovery will play out in the coming years.

It will be some time before we see the impact

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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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