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20 February 2013
Issue: 7549 / Categories: Legal News
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MoJ sets out detail on Jackson

Rules for the implementation of Jackson reforms laid in Parliament

The Ministry of Justice has laid out its rules for the implementation of the Jackson reforms. The Civil Procedure (Amendment) Rules 2013 (SI 2013/262), laid in Parliament last week, cover the bulk of Lord Justice Jackson’s civil justice reforms, including the introduction of qualified one way costs shifting (QOCS), damages-based agreements and tighter costs management.

Any party which fails to file a budget despite being required to do so will be treated “as having filed a budget comprising only the applicable court fees”.

Courts must in future deal with cases “at proportionate cost”, apply new rules on Pt 36 awards, and require parties to provide an upfront estimate of the costs of expert witnesses.

Julian Chamberlayne, head of the travel law team and partner at Stewarts Law, says that the biggest surprise in the new CPR for personal injury and clinical negligence lawyers is that the QOCS exceptions will still “expose successful claimants to interlocutory, issue based or proportional costs awards, but only up to the level of damages and interest awarded”.

“All prior indications were that this particular chink in the QOCS armour would only relate to successful Pt 36 offers by defendants. After the event insurers have been slow to reveal the detail of their post-Jackson products and there is no sign that they had anticipated a need to provide cover for interlocutory, issue based or proportional costs awards.

“The inevitable result is that finalisation and pricing of the new ATE products will go even closer to the wire. In catastrophic injury cases, the combination of these risks could result in cost liabilities of several hundred thousand pounds.”

The new rules come into effect on 1 April.

Issue: 7549 / Categories: Legal News
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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