Insight: Personal Injury

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23 September 2015


The third issue of Legal Futures Insight delves into an area of legal practice that has been in constant turmoil over recent years: personal injury.

MedCo has been the source of constant headlines on our sister site Litigation Futures in recent months, and in this issue we explore what is going well and what not so well. With the process of weeding out some of the worst offenders now underway, is fragmentation of the market for medical reports is a good thing or will it only lead to more confusion?

The other most pressing issue of the moment is clinical negligence. Once seen as a safe haven from mainstream personal injury, it is facing a double-pronged assault: caps on fees in low-value cases (although what the government considers low value is very different from claimant lawyers), and an end to the recoverability of after-the-event (ATE) premiums for experts’ reports. We look at both issues and the state of the ATE market more broadly.

Finally, with the suspension of budgeting for negligence claims in the High Court from next month, three leading costs lawyers give their very frank views on what the problems are and what the way forward might be.

 


Legal Futures Blog

McKenzie Friends – a storm in a teapot

Legal Futures Conference 2011Photo by Jonathan Goldberg

If the recent furore about McKenzie Friend Marketplace shows anything, it is that the profession remains acutely sensitive to the apparent threat of competition by unregulated entrants into the legal landscape. But for an outside observer, the whole McKenzie Friend debate remains curiously overblown: if not a storm in a teacup, a storm at least in a teapot. For all the characteristic sturm und drang of the Law Society’s response to last year’s senior judiciary consultation, there was pretty widespread agreement among most respondents that McKenzie Friends are here to stay.

April 28th, 2017