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Predicting the (civil litigation) road ahead

22 November 2019 / Dominic Regan
Issue: 7865 / Categories: Features
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Significant changes are in the pipeline & lawyers need to be aware of what is planned. Dominic Regan puts down some markers

The civil reform process is not over. Intriguingly, the one reform that has attracted the most publicity seems unlikely to be implemented in the near future. The last government legislated for personal injury reforms designed to stifle lower value road traffic claims in particular. April 2020 was definitely going to be the date of implementation. Since fundamentals such as a new Protocol and precise Rules have yet to be addressed, April looks preposterous. As and when the reforms are implemented, the bottom will drop out of lower value claims which up to now have provided bread and butter work for solicitors and the Bar. Sir Rupert Jackson cut his teeth doing cases where the defendant failed to stop, steer or otherwise avoid a collision.

The major change coming is the extension of fixed costs. Everything up to £25,000 will be captured, as will the majority of claims worth from that figure up to £100,000. Detailed proposals were published at

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