Proceedings of 7th Annual American Business Research Conference


Proceedings of 7th Annual American Business Research Conference

23 - 24 July 2015, Sheraton LaGuardia East Hotel, New York, USA , ISBN: 978-1-922069-79-5

“Opportunity or A Set back” – Impact of reforms on

Civil Litigation costs

Nilashis Ghosh

The research topic is focused on the implications of reforms on the use of quantum accountancy expert evidence in civil litigation cases. The purpose of the research was to investigate the implication insofar for the Personal Injury and Clinical Negligence market, and to provide recommendations that could be implemented.

Pragmatic Research underpinned by a mixed method was undertaken involving a quantitative online questionnaire intended for solicitors, barristers and judges who dealt with Personal Injury and Clinical

Negligence cases and a series of follow-up in-depth qualitative interviews.

The findings of the study were that the reforms had implications for the use of experts, though little change was anticipated in the larger cases for those experts who adapt well to the changing market needs

(timing/cost budgets) and there were opportunities for new services in the lower value cases and in alternative expert capacities. The key recommendations related to the capitalisation of the opportunities evident in the research findings covered increased pro-activity, justification and accountability regarding emerging case costs budgeting and management needs. Also, new service offerings relating to fixed fee work, a subcontractor service and exploration of the defendant market was recommended. The research consultancy process and findings should be utilised for marketing purposes.

The key conclusion of the study was that the reforms did represent a changing landscape in the Personal

Injury and Clinical Negligence market where Quantum Accountancy Expert Evidence is used, but that there was opportunity for forward thinking firms to adapt to meet the new order.

Name of the Track: Finance


Mr Nilashis Ghosh, Bath Spa University, Business and Management, School of Society, Enterprise and Environment,

Newton Park, St Loe, Bath – BA2 9BN, United Kingdom,, Phone: 01225875746