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17 February 2012 / David Greene
Issue: 7501 / Categories: Opinion , Procedure & practice
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Under pressure?

David Greene considers the implications of the reform of the county court system

You could knock me down with a feather. The Ministry of Justice (MoJ) has listened substantively and acted upon the response of consultees to a consultation paper.

Last March the MoJ issued a consultation paper—Solving disputes in the county courts: creating a simpler, quicker and more proportionate system. It was, and remains, unclear what, if anything, we might draw from the reference to “solving” rather than “resolving disputes”. Tweet your answers to me @LitLawyer.

Attacking the “claims culture”

This was part of a series of papers issued on both cutting the cost of civil litigation and attacking what was coined as a “claims culture”. Also, lying in the foreground, were the cuts in the civil justice budget which led to the ongoing closure of a substantial proportion of the county court establishment. In the consultation paper the MoJ made a number of proposals:
 

  • increasing the financial limit for Road Traffic Act fixed fee claims;
  • a simplified claims procedure on a fixed costs basis for more types of personal
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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’
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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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