We should expect a change in defendants' behaviour as they seek to maximise the impact of the
QOCs changes, and there is no doubt that satellite litigation will affect the progress of many cases,
to the further detriment of claimants. Navigating through these changes and ensuring the right
advice is given to claimants on the potential cost of pursuing a claim will be challenging.
In this edition we have sought four key perspectives on the game of chess that Part 36 is now likely
to become. Barrister Henry King, from 12KBW, offers a more positive perspective on the changes than,
as claimant representatives, we may have initially thought existed.
Dominic Woodhouse of PIC shares his thoughts on the change in risk that litigants will now face
and the impact this will have on costs lawyers, and Matthew Olner from Nelsons gives us his views on
how the new regime has impacted his firm. Lastly, we hear from Jane Marigold and Rebecca Squires
of DAS who share our perspective on the changes.
All our contributors will be taking part in a Webinar on QOCs in early July where we will discuss the
issues raised in this newsletter in more detail. Watch out for how you can take part.
In the meantime, I hope that our first edition of EvaluATE offers some insightful content, and may I say
a huge thank you to our first contributors. Look out for future editions later in the year.
ATE insurance remains a powerful tool to
protect access to justice and claimants' damages.
DAS are uniquely placed to work with solicitors
to improve their understanding of costs shifting
and ensure relevant protection is being offered
where needed.
David Swigciski
Director of Client Services at DAS
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EvaluATE | Issue 1