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

Be careful you do not leave anything behind: will we see the end of chambers?

Charles Feeny

Experience of practice by digital support suggests that working practices will become much more informal and spontaneous, not requiring support by specific entities or even contractual arrangements. This is likely to be particularly true of the Bar, which is or should be a profession focusing on individuals. The future of the Bar is more likely to resemble a library as seen in Scotland and Ireland – albeit an electronic library – rather than the traditional chambers structure.

January 18th, 2017