And so it came to pass. After just 43 days in the wilderness, Ken Clarke will today put everyone out of their misery and tell Parliament what the Government intends to do about litigation.
Leaked sources indicate that the success fee recoverability from defendants is going, but it will instead be recoverable from the claimant (capped at 25% of damages). To compensate, the claimant will be given a 10% increase in damages. No win, no fee will stay and the RTA portal will be expanded to include all low value PI claims and Clinical Negligence
Nothing about After the Event Insurance or one way costs shifting as yet - so the smart money is on this staying the same. But who knows? Am I chancing fate here by saying anything?
Not long to wait now. The only thing I would add is, this is incredibly quick. The Ministry of Justice received over 600 submissions on the Jackson reforms and over 5,000 on the Legal Aid proposals.
Mr Clarke must have been up all night for the last month reading that lot.....
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