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16 April 2010
Issue: 7413 / Categories: Legal News
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PI: the Jackson aftershock

Edited extracts from the live NLJ personal injury newscast first broadcast on 9 April

"One of the themes that runs through Jackson LJ’s final report is the idea that PI claims generally are straightforward and not complex.

Complex issues

In my experience straightforward claims do not carry very much risk, but a lot of complex issues can arise such as forseeability, duty of care, causation etc. Under the current regime, solicitors and counsel take on complex claims putting all their resources and time and effort into them on the grounds that they win some and lose some. That is litigation risk and success fees balance that risk. I feel the report fails to reflect this.

Fundamental principles

There is also the fundamental principle that a victim should recover damages as a result of another person’s negligence. As a principle, the idea that a victim should have to pay some of the costs out of the damages to establish liability in order to obtain damages, I just find unjust. It will also involve undertaking a completely different form of risk assessment. When you can balance that risk with success fees the system works;  but when you have high overheads and disbursements (including counsel’s fees) you may be more reluctant to take on certain cases, without the benefit of success fees. I also feel Sir Rupert has failed to consider the extents to which well established, and excellent, high street solicitors, who are specialist PI practitioners, are going to be affected by the reforms. They will not be in a position to spread these overheads across departments like larger city firms.

Passionate professionals

But whatever happens post the election, solicitors and counsel—those who practise in PI litigation—are passionate about assisting clients and they will continue to provide a first class service. I am confident they will continue acting for clients, and adapt to these changes with confidence.”

Simon Butler, barrister, Ely Place Chambers.  NLJ newscast participant

Issue: 7413 / 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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