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Fresh ground?

08 February 2013 / Andrew Parker
Issue: 7547 / Categories: Opinion , Legal services
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The legal profession needs to wake up and smell the coffee, warns Andrew Parker

Three years ago I warned in these pages that the broad recommendations of the Jackson Review of Civil Litigation Costs would be delivered (“Access all areas”, 160 NLJ 7408, p 366). In March 2011, the coalition government published the outline of its plans based on the report and, in May 2012, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 received the Royal Assent.

April in the offing

The planned implementation date of 1 April 2013 has been public knowledge since at least July 2012—it was certainly in the minds of the Court of Appeal when it delivered the initial decision in Simmons v Castle [2012] EWCA Civ 1039, [2012] All ER (D) 335 (Jul). The new Master of the Rolls, Lord Dyson, stated unequivocally to the Law Society’s Civil Litigation Conference in October that the rules would be in place for 1 April 2013.

However, recent coverage suggests that many lawyers are only now beginning to accept

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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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