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Litigation hotspots

17 May 2013 / David Greene
Issue: 7560 / Categories: Opinion , Profession
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David Greene predicts where the main areas of dispute will arise as a result of the civil litigation shake up

1 April has come and gone. We now live in the partial light of the Jackson World. Of course, the changes invoked by his proposals are but a small part of what happened on 1 April and since. No doubt of equal or greater importance have been the cut in the scope of legal aid and the cuts in recoverable fees for road traffic accident (RTA) claims. Clearly in both the cuts in scope and the Jackson changes, the access that claimants have to the justice process has been cut substantially.

A waiting game
It is, of course, only a partial light because everyone on the claimants’ side was busily signing up conditional fee agreements (CFAs) and after the event (ATE) insurance policies until the last minute (we received a notice of a CFA at 11.59pm on 31 March). Whether they did what they needed to secure recovery will play out in the coming years.

It

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