The High Court has ruled against law firms in two further cases involving medical negligence claimants who switched from legal aid to a conditional fee agreement (CFA) shortly before 1 April 2013, when LASPO ended the right to recover success fees and ATE insurance premiums.
Screening of medical negligence cases by lawyers could become an “unaffordable luxury” if fees are too low, meaning more are simply issued, the Association of Personal Injury Lawyers has warned as it set out the key principles it said should underpin the government’s proposed fixed fees.
Cases could one day be heard before joint international commercial courts, involving tribunals made up of judges from each jurisdiction, according to an idea “thinking the unthinkable” floated by the Lord Chief Justice of England and Wales. He has also set in motion the creation of a forum of commercial courts to bring a common approach to the resolution of international disputes.
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There has been a sea change since the Conservatives came to power, with insurers on the winning side of just about every argument. So will they win this one (the small claims and low-value whiplash reforms announced in the Autumn Statement) too, which many think will be the death knell for solicitors in the PI sector? So what, if anything, can be done to challenge the proposals?