David Greene predicts how the profession will respond to (& survive) the law’s “Big Bang”
Last week saw the formal introduction of alternative business structures (ABSs) with elements of the press referring to it as law’s “Big Bang”. While some commentators have made much of the proposed changes—a headline in The Times this week suggests the changes will “spell the end for thousands of solicitors”, (10 October) the process seems set to progress more as accrual than large explosions. For many litigators the ABS revolution may be more of a sideshow as they attempt to manage the Jackson reforms and the swathe of satellite litigation that will follow. History tells us that solicitors are adept at working with change, but what are the specfic challenges they face and how might they respond?
ATE
If there is one element of the Jackson package which causes them a problem it is the non-recovery of the ATE premium. The problem is deepened by the current debate on “Qualified One Way Cost Shifting” (QOCS). Jackson’s idea was that ATE, particularly in personal injury, is a waste
