The Supreme Court has swept away the longstanding immunity from suit afforded to expert witnesses. In future, parties may find that experts' views and opinions are less bullish and more caveated. Although this may be frustrating at the time, it could promote more accurate and flexible experts' reports - on both sides of the litigation - and encourage less entrenched positions, potentially making disputes easier to resolve.
From 'docketing' to 'hot tubs', the reform of Part 36 and the abolition of referral fees, Lord Justice Jackson's report on the costs of civil litigation is the most extensive review since Lord Woolf's Access to Justice Report. Among other things, the proposals would allow commercial claimants to consider a range of funding options and would end the recoverability of 'after-the-event' premiums and success fees.