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22 November 2019 / Dominic Regan
Issue: 7865 / Categories: Features
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Predicting the (civil litigation) road ahead

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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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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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