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Dark days ahead?

07 April 2011 / Dominic Regan
Issue: 7460 / Categories: Features , Personal injury
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Claimant solicitors face a bumpy road ahead says Dominic Regan

The good news is that the government is not looking to increase the small claims limit of £1,000 in injury claims. That is the end of the good news. Claimant solicitors will be appalled at the extreme changes anticipated in two major pieces of government thinking published last week. The first was the response to the Jackson consultation. All the lobbying and meetings behind closed doors has had as much impact as a blow from a wet lettuce leaf upon Mike Tyson. The core Jackson proposals are embraced wholeheartedly. I am not going to recite them, but a few issues do call for comment.

Success fees

One profound argument against ending recoverability of success fees is that the claimant will not recover full compensation. Out of damages there will be paid a contribution to the success fee, capped at 25% of the damages with future loss immune from deductibility.

It is disingenuous of the government to say that there is no such principle as full

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found

The Serious Fraud Office (SFO) has secured £1.1m in its first use of an Unexplained Wealth Order (UWO)

County court cases are speeding up, with the median time from claim to hearing 62 weeks for fast, intermediate and multi-track claims—5.4 weeks faster than last year
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