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08 September 2016 / Dominic Regan
Issue: 7713 / Categories: Opinion , Procedure & practice , Profession , Costs , Technology , CPR
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Litigation: what next?

Dominic Regan looks to the future of civil litigation

Where to begin? There are so many proposals whirling around despite the fact that the civil process underwent the single most radical overhaul but three years ago with the Jackson reforms.

Costs capers

Indeed, it was Sir Rupert Jackson who got the bandwagon rolling again with his January 2016 proposal for a universal fixed costs regime to capture all claims worth up to £250,000 in value.

It is true that the eventual extension of fixed costs was identified in his final report. The shock was the level up to which he suggested they might apply. Such was the outcry from myriad sectors of the profession that three months later, in a speech delivered at the Law Society, he recognised that reform might not be immediate nor would the proposed ceiling be accepted. For so many, £250,000 did not represent “the foothills” of multi-track; more like the giddy heights.

Make no mistake. There is inexorable pressure to roll out fixed costs. They

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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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