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20 January 2012 / Dominic Regan
Issue: 7497 / Categories: Opinion , Legal aid focus , Legal services
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Progress report

Dominic Regan studies signs of Jackson slippage & notes some worrying trends

While Lord Justice Jackson remains hopeful that the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (as it will be) will be enacted on 1 October 2012, there are signs of slippage, albeit slight. Much has yet to be done and civil servants are muttering about the changes coming into play in early 2013.

The fundamental reforms are the ending of recoverability of additional liabilities, the legitimisation of damages-based agreements in litigation (aka contingency fees), an enhanced Pt 36 reward scheme and the banning of referral fees.

A worrying read

The House of Commons Transport Select Committee report on the cost of road traffic accident (RTA) insurance was published earlier this month. RTA insurance is mandatory and so affects all drivers. Concern about rising premiums caused the government to decide that a ban upon referral fees was a necessity, a fundamental policy shift. The committee report makes worrying reading for RTA claimant practitioners. It urges that prompt regulation be implemented. It also suggests that the current costs regime created under

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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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