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14 January 2011 / John Peysner , Angus Nurse
Issue: 7448 / Categories: Opinion , Insurance / reinsurance
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No appetite for BTE?

In an ideal world a viable solution for the problem of access to justice for individuals trapped between collapsing legal aid and stubbornly high lawyers’ fees would be legal expenses insurance

John Peysner & Angus Nurse explain why BTE is unlikely to be the cure-all solution to access to justice

In an ideal world a viable solution for the problem of access to justice for individuals trapped between collapsing legal aid and stubbornly high lawyers’ fees would be legal expenses insurance (LEI), specifically before the event insurance (BTE). The Jackson review of costs, Lord Young’s review of health and safety laws and the compensation culture, and the government’s consultation paper on reform of legal aid have all renewed attention on BTE.

Buyer be brave 

At the level of exhortation the government clearly thinks BTE is a good idea. Lord Young proposed investigating the practicality of a national scheme and claimed that an extension of BTE would be a fair solution to the problem of access to justice. However, the fact that only half a page out of the 224-page legal

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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’
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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
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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