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04 March 2011 / Dominic Regan
Issue: 7455 / Categories: Opinion , Costs
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What next?

The government consultation period on the Jackson reform proposals has now closed. Next we will have a response in perhaps May or June and then draft legislation with implementation next year. Or will we?

Government thinking has overtaken the Jackson juggernaut, says Dominic Regan

The government consultation period on the Jackson reform proposals has now closed. Next we will have a response in perhaps May or June and then draft legislation with implementation next year. Or will we?

It is beyond doubt that things will change with a view to reducing the costs of litigation. No one seems to have a bad word to say about allowing contingency fees and I think it certain that they will be introduced. Primary legislation is needed.

Referral fees are still being bitterly debated. Sir Rupert recommended that they be banned. The government last summer appeared to prevaricate and one senior civil servant told me that if solicitors wanted to throw money at buying work then so be it.

Jackson returned to the fray in his November speech

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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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