There are alternatives to Sir Rupert Jackson s recommendations that have the benefit that they might actually work.

Size: px
Start display at page:

Download "There are alternatives to Sir Rupert Jackson s recommendations that have the benefit that they might actually work."

Transcription

1 First published in the Solicitors Journal April 2011 Let us not bend with the remover to remove There are alternatives to Sir Rupert Jackson s recommendations that have the benefit that they might actually work. Although Sir Rupert Jackson published his Final Report [ FR ] in December 2009 he continued to conduct research and gather evidence for a year after publication. Some of the fruits of these labours are set out in his response to the Ministry of Justice Consultation Paper. Sir Rupert dealt with his critics robustly: Throughout 2010 there have been forceful attacks on the FR, both at meetings and in articles, sometimes emanating from those with a vested interest in the present arrangements. However, no rational argument has been put forwards to dissuade me from the FR recommendations. 1 Sir Rupert remains unmoved by his detractors. Although his original consultation paper considered some variations on Sir Rupert s recommendations, the Lord Chancellor has fallen into line, accepting the case for fundamental reform, proposing legislation to abolish the recoverability of success fees and ATE premiums. The scope and scale of the change can not be underestimated. CFAs dominate personal injury litigation, are widely used in defamation cases, and in recent years have become more common in both chancery and commercial practice. CFAs offered an opportunity to all the poorest and the richest in society to litigate without the risk of incurring significant legal costs and, through ATE, adverse costs protection. The price of such access to justice was a concomitant rise in the cost of litigation with 1 1

2 the losing party being faced with a bill for base costs seemingly unrestrained by any application of proportionality as the client had no interest in how much his or her solicitor charged, success fees of up to 100% of base costs, and ATE premiums. The resulting costs inflation is a fact of life in county courts throughout England and Wales. Every day cases settle or conclude at trial for 1, 000 to 2, 000 in which costs are assessed at between 10, 000 and 20, 000. It is hard to see what justification there can be for continuing a system in which it is patently obvious that lawyers make more money out of the litigation than the successful Claimant, and when the burden on the public purse is so great in an age of austerity. The identification of a problem, however, does not necessarily suggest its own or any inevitable solution. The disparity between the value of the claim and the cost of litigation is explicable if properly considered. There are inevitable costs of litigation, including court fees, medical reports, and trial fees. Solicitors profit costs vary from case to case but will be assessed by the judge and limited to those costs which are reasonable and necessary. At this point it is hard to see where or how there can be any further excess that can be trimmed from the bill. The apparent lack of proportion between the value of the claim and the quantum of costs reflects the reality that there is a certain minimum amount of work that will be required and expense incurred in every case even those of low or modest value. In fact Sir Rupert provides a useful example of this in the evidence he gathered to establish fixed profit costs on the fast track: for example, in those road traffic, employers liability, and public liability cases where judgment is obtained at trial for 1, 000, profit costs should be 3, 450; 5, 125; and 4, 625 respectively (see Appendix 5 of his report). In cases run at such efficient levels the essential fact that distorts the proportionate relationship 2

3 between costs and damages is the incidence of CFAs, but this too has to be seen in context. A common fallacy is that all CFAs are conducted with a 100% uplift. In fact the vast majority of personal injury cases conducted under a CFA fall within the fixed success fee regime contained in Part 45. These rules embody agreements reached by the representatives of the insurance industry, professional bodies representing Claimants, and the Bar. Few would deny that these rules have been an enormous success: they create certainty, limit the scope for inquiry at costs assessments, and provide clear and obvious incentives to settle a case at an early stage, while compensating the Claimant s legal representatives for running risky cases to trial. The underlying philosophy behind the fixed success fee agreements was that they were costs neutral. The success fess reflected the risk of losing based on the best statistical data available. In this context it is hard to understand the Lord Chancellor s argument that the current system causes injustice to insurers as they are compelled to settle weak cases that would otherwise fail. This is an odd argument, and completely unsupportable in relation to those cases to which fixed success fees apply. In road traffic accident and employer s liability cases success fees on solicitors costs are 12.5% or 25% at all stages of the proceedings until the advocate opens his or her mouth at trial. As these cases cover the vast majority of claims litigated in our courts it is hard to see how the current regime could be described as forcing insurer s hands in weak cases. Even if settled late in the day success fees are still modest. 3

4 In any event settlement is a two way-street. For every case an insurer settles reluctantly because of lingering doubts about the merits, there will be at least one (if not more than one) that the Claimant s solicitors will settle at less than the full value of the claim because of litigation risk. The costs consequences of Part 36 make it more likely than not that in the vast majority of cases claims are compromised at less than full value. One might tentatively suggest that a reason why an insurer settles in order to reduce the exposure to costs is when it failed to deal with the claim effectively at the pre-action protocol stage or to make an appropriate Part 36 offer early in proceedings. The unnecessary settlement of unmeritorious claims within the present system is a bogus and unworthy argument. Analysed correctly this argument is fatally undermined in any event by another strand of the Lord Chancellor s case. This is the contention that the current system places an overwhelming and increasing burden on the National Health Service that must be checked. Contrary to the argument that CFAs result in unmeritorious claims being settled the argument of the NHSLA has been that Claimant s lawyers are guilty of cherry picking, that they will only litigate those cases with the best prospects of success. This is an extraordinary argument. What is the NHSLA actually saying? Would it prefer Claimant s solicitors to run unmeritorious claims at enormous cost? The fact that clinical negligence solicitors only run those cases that are likely to succeed reflects in part the fact that so many cases that have to be considered go no further than a preliminary inquiry. Claimant solicitors are a vital guard against unmeritorious claims proceeding to the court and would be financially reckless to conduct their practices in any other way. 4

5 Cherry picking goes some way to undermine another aspect of the insurers case. In medical negligence and stress at work cases solicitors will reject many more than 1 in 10 of the cases that come through their doors. Statistics would no doubt justify success fees in these cases of well in excess of 100%. The extent to which CFAs work to vet cases stands in marked contradiction to the assertion that the system encourages a compensation culture. The argument that CFAs encourages litigation where the lay client has no interests in the costs of litigation is not true. Part 36 will always put the Claimant at litigation risk. It is very rare for a lay client to pursue litigation against the advice of his or her legal representatives and the key stages of proceedings will always require an advice on the prospects of success to the ATE insurer. The case that the client has no skin in the game is a chimera. Ultimately the question is very simple. Who should bear the burden of litigating unsuccessful claims? Claimants? Claimants lawyers? or unsuccessful Defendants? Ultimately the answer to this question is not one that can be based on rational argument or the technocratic analysis of costs rules, but on the principle of fairness. Sir Rupert Jackson and the Lord Chancellor have accepted that the burden of paying for unsuccessful litigation is a cost that should be borne by successful litigants. Such a conclusion is inimical to the principle of the full recovery of damages. Its effects are illogical and inconsistent as well as unfair. In a system in which compensation does not regularly include either aggravated or exemplary damages the injured Claimant simply has no money in the kitty to pay his lawyers those fees not recovered inter partes. In most cases general damages will not be enough to cover such costs even with a 10% increase. All other losses will either 5

6 represent out of pocket expenses already incurred or future loss based on the claimant s need and care requirements. A system in which the more severely injured you are and the greater your needs the larger the amount of money you have to pay your lawyers is grotesque. Nothing could do more to undermine public confidence in the civil justice system. An extended system of fixed success fees, fixed costs for small value cases, and other more modest procedural reforms could radically alter the costs burden currently placed upon insurers and the NHSLA while protecting access to justice and preserving Claimants damages. There is an alternative worth fighting for based on principle and rationality and not the mere expression of vested interest. The achievement of full compensation for the victims of personal injury and clinical negligence is for some (if not all) an ever-fixed mark/that looks on tempests and is never shaken. Martyn McLeish 2 2 Martyn McLeish is a barrister at Cloisters where he specialises in clinical negligence and personal injury. 6

Proposals for Reform of Civil Litigation Funding and Costs in England and Wales

Proposals for Reform of Civil Litigation Funding and Costs in England and Wales Proposals for Reform of Civil Litigation Funding and Costs in England and Wales Consultation Paper Response of JUSTICE February 2011 Q 1 Do you agree that CFA success fees should no longer be recoverable

More information

The Jackson Reforms Jan Thompson, Director

The Jackson Reforms Jan Thompson, Director The Jackson Reforms Jan Thompson, Director In response to the perceived compensation culture in our civil justice system, the government has announced their intention to implement the majority of Lord

More information

Briefing for the Legal Aid, Sentencing and Punishment of Offenders Bill Committee. An interlocking package of reforms

Briefing for the Legal Aid, Sentencing and Punishment of Offenders Bill Committee. An interlocking package of reforms Briefing for the Legal Aid, Sentencing and Punishment of Offenders Bill Committee An interlocking package of reforms March 2012 Briefing for Members of the Legal Aid, Sentencing and Punishment of Offenders

More information

www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation

www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Legal Aid, Sentencing and Punishment of Offenders Bill: The Legal Aid, Sentencing and Punishment of Offenders Bill covers a wide

More information

DEPARTMENT OF HEALTH FIXED RECOVERABLE COSTS PROPOSALS FOR CLINICAL NEGLIGENCE: Implications for patients access to justice and for patient safety

DEPARTMENT OF HEALTH FIXED RECOVERABLE COSTS PROPOSALS FOR CLINICAL NEGLIGENCE: Implications for patients access to justice and for patient safety DEPARTMENT OF HEALTH FIXED RECOVERABLE COSTS PROPOSALS FOR CLINICAL NEGLIGENCE: Implications for patients access to justice and for patient safety Briefing by Action against Medical Accidents (AvMA) October

More information

EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS (AMENDMENT) ORDER 2010. 2010 No. [Draft]

EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS (AMENDMENT) ORDER 2010. 2010 No. [Draft] EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS (AMENDMENT) ORDER 2010 2010 No. [Draft] 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

Response of Browne Jacobson LLP (Solicitors) Civil Law Reform Bill - CP53/09

Response of Browne Jacobson LLP (Solicitors) Civil Law Reform Bill - CP53/09 Response of Browne Jacobson LLP (Solicitors) - CP53/09 February 2010 Contents Contents... 2 Introduction... 3 Browne Jacobson LLP... 3 Interest in the Consultation... 3 The Response... 3 Summary... 4 Response

More information

THE JACKSON REFORMS. Lord Justice Jackson s review of Civil litigation costs and the impact on insurers. Nicola Billen. The Jackson Reforms

THE JACKSON REFORMS. Lord Justice Jackson s review of Civil litigation costs and the impact on insurers. Nicola Billen. The Jackson Reforms THE JACKSON REFORMS Lord Justice Jackson s review of Civil litigation costs and the impact on insurers Nicola Billen The Jackson Reforms The current civil justice system Costs generally Funding models

More information

professional negligence:

professional negligence: professional negligence: Conditional Fee Agreements (CFAs) Explained For CFAs not involving personal injury or clinical negligence, entered into from 1 April 2013. There is no avoiding the fact that court

More information

Department of Justice for Northern Ireland Alternative Methods of Funding Money Damages Claims

Department of Justice for Northern Ireland Alternative Methods of Funding Money Damages Claims Department of Justice for Northern Ireland Alternative Methods of Funding Money Damages Claims A response by the Association of Personal Injury Lawyers June 2013 Page 1 of 8 The Association of Personal

More information

LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS BILL HOUSE OF LORDS COMMITTEE STAGE

LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS BILL HOUSE OF LORDS COMMITTEE STAGE LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS BILL HOUSE OF LORDS COMMITTEE STAGE 1. Executive summary The Bar Council s proposals for Part 2: Civil litigation funding and costs 1.1. The Bar Council

More information

EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013. 2013 No. 689

EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013. 2013 No. 689 EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013 2013 No. 689 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament by Command of

More information

Summary of the Personal Injury and Clinical Negligence Claims Market in England and Wales July 2015

Summary of the Personal Injury and Clinical Negligence Claims Market in England and Wales July 2015 Summary of the Personal Injury and Clinical Negligence Claims Market in England and Wales July 2015 Abstract: In this annual summary of the state of the Personal Injury and Clinical Negligence Claims Market

More information

Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper

Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper 1. This is the response of the General Council of the Bar of England and Wales (the Bar Council) to

More information

LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND

LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND WRITTEN SUBMISSIONS OF THE ASSOCIATION OF PERSONAL INJURY LAWYERS 1. The Association of Personal Injury

More information

The four year assessment evaluating the outcome of The Jackson Review and LASPO on ATE, BTE and more. Tony Buss, Managing Director ARAG (UK)

The four year assessment evaluating the outcome of The Jackson Review and LASPO on ATE, BTE and more. Tony Buss, Managing Director ARAG (UK) The four year assessment evaluating the outcome of The Jackson Review and LASPO on ATE, BTE and more Tony Buss, Managing Director ARAG (UK) 1 Comments on Jackson [The Government s] are seeking to strike

More information

GUIDE TO NEW COSTS IN CIVIL CASE RULES GOVERNMENT REFORMS

GUIDE TO NEW COSTS IN CIVIL CASE RULES GOVERNMENT REFORMS GUIDE TO NEW COSTS IN CIVIL CASE RULES GOVERNMENT REFORMS MAKE SURE YOU GET INSURANCE Introduction Landlords faced with claims from tenants have also in the past had to often pay success fees where tenants

More information

briefing Guide to litigation funding

briefing Guide to litigation funding briefing Guide to litigation funding The potential cost of litigation can be a major deterrent to bringing or defending legal proceedings even where there is a good chance of succeeding. Cost can be the

More information

COMMITTEE ON COURT PRACTICE AND PROCEDURE REVIEW OF PRACTICE AND PROCEDURE IN RELATION TO PERSONAL INJURIES LITIGATION

COMMITTEE ON COURT PRACTICE AND PROCEDURE REVIEW OF PRACTICE AND PROCEDURE IN RELATION TO PERSONAL INJURIES LITIGATION COMMITTEE ON COURT PRACTICE AND PROCEDURE REVIEW OF PRACTICE AND PROCEDURE IN RELATION TO PERSONAL INJURIES LITIGATION THE SUBMISSIONS OF THE ASSOCIATION OF PERSONAL INJURY LAWYERS FEBRUARY 2003 The executive

More information

Consultation Response by the Police Action Lawyers Group

Consultation Response by the Police Action Lawyers Group Proposals for Reform of Civil Litigation Funding and Costs in England and Wales Consultation Response by the Police Action Lawyers Group Introduction to the Police Action Lawyers Group (PALG) PALG is comprised

More information

Conditional Fee Arrangements, After the Event Insurance and beyond!

Conditional Fee Arrangements, After the Event Insurance and beyond! Conditional Fee Arrangements, After the Event Insurance and beyond! CFAs, ATEs, DBAs Let s de-mystify the acronyms! 1. Conditional Fee Arrangements 1.1. What is a Conditional Fee Arrangement A conditional

More information

CASE TRACK LIMITS AND THE CLAIMS PROCESS FOR PERSONAL INJURY CLAIMS

CASE TRACK LIMITS AND THE CLAIMS PROCESS FOR PERSONAL INJURY CLAIMS CASE TRACK LIMITS AND THE CLAIMS PROCESS FOR PERSONAL INJURY CLAIMS A consultation paper produced by the Department for Constitutional Affairs RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES July 2007

More information

Reforming Civil Litigation Funding and Costs in England and Wales Implementation of Lord Justice Jackson s Recommendations. The Government Response

Reforming Civil Litigation Funding and Costs in England and Wales Implementation of Lord Justice Jackson s Recommendations. The Government Response Reforming Civil Litigation Funding and Costs in England and Wales Implementation of Lord Justice Jackson s Recommendations The Government Response March 2011 1. Reforming Civil Litigation Funding and Costs

More information

Major UK Government Proposals on Reform of Litigation Costs and Funding

Major UK Government Proposals on Reform of Litigation Costs and Funding Major UK Government Proposals on Reform of Litigation Costs and Funding Dr Christopher Hodges Head of the CMS Research programme on Civil Justice Systems Centre for Socio-Legal Studies University of Oxford

More information

Lord Justice Jackson s Review of Costs Liability SIG Lunchtime Lecture 17 February 2010 - Manchester

Lord Justice Jackson s Review of Costs Liability SIG Lunchtime Lecture 17 February 2010 - Manchester Lord Justice Jackson s Review of Costs Liability SIG Lunchtime Lecture 17 February 2010 - Manchester Slide 1 Good afternoon Ladies & Gentlemen. Lord Justice Jackson s Review of Costs. Will it happen? Certainly

More information

UK: Government Implementation of Jackson Reforms on the Costs and Funding of Litigation. Introduction of Contingency Fees and increased Mediation

UK: Government Implementation of Jackson Reforms on the Costs and Funding of Litigation. Introduction of Contingency Fees and increased Mediation UK: Government Implementation of Jackson Reforms on the Costs and Funding of Litigation. Introduction of Contingency Fees and increased Mediation The UK government made a series of announcements on 30

More information

FIXED RECOVERABLE COSTS IN CLINICAL NEGLIGENCE PRE CONSULTATION RESPONSE BY. Action against Medical Accidents

FIXED RECOVERABLE COSTS IN CLINICAL NEGLIGENCE PRE CONSULTATION RESPONSE BY. Action against Medical Accidents FIXED RECOVERABLE COSTS IN CLINICAL NEGLIGENCE PRE CONSULTATION RESPONSE BY Action against Medical Accidents Questionnaire The Government proposes to introduce fixed recoverable costs for all cases where

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

Implementation of the Jackson Reforms. The key changes.

Implementation of the Jackson Reforms. The key changes. March 2013 Implementation of the Jackson Reforms. The key changes. Introduction On 1 April 2013, a large tranche of the reforms proposed by the 2010 review of civil litigation costs by Lord Justice Jackson

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

Personal Injury Litigation after APRIL 2013 - Cambridge Medico-legal society

Personal Injury Litigation after APRIL 2013 - Cambridge Medico-legal society Personal Injury Litigation after APRIL 2013 - Cambridge Medico-legal society ANDREW RITCHIE QC 9 Gough Square LONDON 1 Before 2003 In PI cases in claimant work: Solicitors were paid by the hour The courts

More information

Who are the winners?

Who are the winners? If this email is displayed incorrectly or you are unable to view it's contents please click here. Who are the winners? Lord Justice Jackson's 557 page Final Report on civil litigation 13 January 2010 welcomed

More information

Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50

Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50 Alerter 24 th July 2015 Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50 The Supreme Court has handed down its Judgment in Coventry v Lawrence in which it considered the

More information

Costs Law Update Lamont v Burton

Costs Law Update Lamont v Burton - The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton [2007] EWCA Civ 429 is likely to have serious costs implications for defendants

More information

Whether the government is correct in describing the UK as the whiplash capital of the world

Whether the government is correct in describing the UK as the whiplash capital of the world Whiplash and the cost of motor insurance: what s behind the insurance industry claims Submission to the Transport Committee by Thompsons Solicitors April 2013 About Thompsons Thompsons is the UK s most

More information

The Impact of the Jackson Reforms on Costs and Case Management

The Impact of the Jackson Reforms on Costs and Case Management The Impact of the Jackson Reforms on Costs and Case Management Civil Justice Council Conference 21 st March 2014 Written Submission of the Law Society The Law Society 2014 Page 1 of 9 2014 The Law Society.

More information

Lord Justice Jackson s Review of Civil Litigation Costs

Lord Justice Jackson s Review of Civil Litigation Costs Lord Justice Jackson s Review of Civil Litigation Costs The eagerly awaited report of Lord Justice Jackson has now been published with the objective to carry out an independent review of the rules and

More information

Taylor Review. UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland

Taylor Review. UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland Taylor Review UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland March 2012 Taylor Review UNISON Scotland response to Review of Expenses and Funding of Civil Litigation

More information

Clinical Negligence. Investigating Your Claim

Clinical Negligence. Investigating Your Claim www.lees.co.uk Clinical Negligence Investigating Your Claim Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 The

More information

A response by the Association of Personal Injury Lawyers March 2014

A response by the Association of Personal Injury Lawyers March 2014 Civil Justice Council The impact of the Jackson reforms on costs and case management A response by the Association of Personal Injury Lawyers March 2014 Page 1 of 10 Introduction 1. 2013 brought major

More information

Bar Council and the Personal Injuries Bar Association response to the Extension of the RTA Portal PA Scheme consultation paper

Bar Council and the Personal Injuries Bar Association response to the Extension of the RTA Portal PA Scheme consultation paper Bar Council and the Personal Injuries Bar Association response to the Extension of the RTA Portal PA Scheme consultation paper 1. This is the response of the General Council of the Bar of England and Wales

More information

Introduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment

Introduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment Introduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment Introduction This Equality Impact Assessment (EIA) relates to amendments to the Legal Aid, Sentencing

More information

Consultation Document Alternative Methods of Funding Money Damages Claims

Consultation Document Alternative Methods of Funding Money Damages Claims Consultation Document Alternative Methods of Funding Money Damages Claims March 2013 1 CONTENT 1. Introduction 3 2. Purpose of Consultation 4 3. How to Respond 4 4. Current Position 6 5 Access to Justice

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

This response is prepared on behalf of the Motor Accident Solicitors Society (MASS).

This response is prepared on behalf of the Motor Accident Solicitors Society (MASS). Introduction This response is prepared on behalf of the Motor Accident Solicitors Society (MASS). MASS is a society of solicitors acting for the victims of motor accidents, including those involving Personal

More information

An Update on the Ministry of Justice Reforms to Personal Injury Procedures

An Update on the Ministry of Justice Reforms to Personal Injury Procedures An Update on the Ministry of Justice Reforms to Personal Injury Procedures In terms of scale, the changes to the claims process for personal injury claims that interested parties have been expecting since

More information

THE JACKSON REPORT ON CIVIL LITIGATION COSTS

THE JACKSON REPORT ON CIVIL LITIGATION COSTS ITEM NO: 9 Report To: AUDIT PANEL Date: 31 January 2012 Reporting Officer: Subject: Report Summary: Recommendations: Links to Community Strategy: Policy Implications: Financial Implications: (Authorised

More information

Keoghs LLP response to the Legal Services Board consultation: Referral fees, referral arrangements and fee sharing.

Keoghs LLP response to the Legal Services Board consultation: Referral fees, referral arrangements and fee sharing. Introduction: response to the Legal Services Board consultation: Referral fees, referral arrangements and fee sharing. Keoghs is the only top 100 law firm to focus exclusively on the insurance sector and

More information

Disease: solving disputes post 1 April 2013

Disease: solving disputes post 1 April 2013 Disease: solving disputes post 1 April 2013 This update examines the impact made by the Jackson reforms since their implementation on 1 April 2013 and looks forward to the extension of the RTA portal due

More information

Pankhurst v White and MIB grotesque fee arrangements both sides paid the cost

Pankhurst v White and MIB grotesque fee arrangements both sides paid the cost Court of Appeal warning about no win no fee agreements Pankhurst v White and MIB grotesque fee arrangements both sides paid the cost On the 15 th December 2010, the Court of Appeal fired a warning shot

More information

THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT

THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT 1. It has now been almost one year since the introduction of the Jackson reforms. The impact of these reforms has been far reaching in certain

More information

MAKING A PERSONAL INJURIES CLAIM*

MAKING A PERSONAL INJURIES CLAIM* MAKING A PERSONAL INJURIES CLAIM* GETTING STARTED DO I HAVE A CASE? The first step is to contact one of our experienced personal injuries solicitors and arrange a no obligation consultation. At the initial

More information

QBE European Operations. Portal extension. Guidance document June 2013. Ministry of Justice extension to the claims protocols Maximising Opportunities

QBE European Operations. Portal extension. Guidance document June 2013. Ministry of Justice extension to the claims protocols Maximising Opportunities QBE European Operations Portal extension Guidance document June 2013 Ministry of Justice extension to the claims protocols Maximising Opportunities Portal extension Guidance document June 2013 Ministry

More information

the compensation myth

the compensation myth the compensation myth The Compensation Myth It is common to hear stories of the Compensation Culture or claims that Britain is becoming Risk Averse as a result of people claiming compensation. The truth

More information

Access to Justice Action Group

Access to Justice Action Group Access to Justice Action Group Reforming Civil Litigation Funding in England and Wales- Implementation of Lord Justice Jackson s Recommendations The Government s Response Access to Justice Action Group

More information

Clinical Negligence Fixed Recoverable Costs Proposals Necessary or Not?

Clinical Negligence Fixed Recoverable Costs Proposals Necessary or Not? Clinical Negligence Fixed Recoverable Costs Proposals Necessary or Not? Introduction In July 2015 we published a paper regarding the NHS Litigation Authority Report and Accounts 2014/2015 ( the Report

More information

We agree that by not increasing small claims track hearing fees, the Government is ensuring access to justice is not compromised.

We agree that by not increasing small claims track hearing fees, the Government is ensuring access to justice is not compromised. Ministry of Justice Consultation Court Fees: Proposals for Reform Response from the Motor Accident Solicitors Society January 2014 Introduction This response is prepared on behalf of the Motor Accident

More information

L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS

L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS LE Law Services Ltd 127 High Road Loughton Essex IG10 4LT Telephone: 020 8508 4961 Facsimile: 020 8508 6359 www.lelaw.co.uk L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS 1. Introduction

More information

Access to Justice ADAM SMITH INSTITUTE. Balancing the Risks BRIEFING PAPER. Executive Summary. Introduction. By Anthony Barton

Access to Justice ADAM SMITH INSTITUTE. Balancing the Risks BRIEFING PAPER. Executive Summary. Introduction. By Anthony Barton BRIEFING PAPER ADAM SMITH INSTITUTE Access to Justice Balancing the Risks By Anthony Barton Executive Summary The Government is presently conducting a major spending review: claimants so that defendant

More information

CONDITIONAL FEE AGREEMENTS GUIDANCE

CONDITIONAL FEE AGREEMENTS GUIDANCE Disclaimer In all cases solicitors must ensure that any agreement with a client is made in compliance with their professional duties, the requirements of the SRA and any statutory requirements depending

More information

Legal Services Board Referral fees, referral arrangements and fee sharing

Legal Services Board Referral fees, referral arrangements and fee sharing Legal Services Board Summary Note Aviva has restricted its responses to Personal Injury. Aviva accepts there may be similarities in Conveyancing agreements but has no experience of these and so cannot

More information

Scottish Civil Justice Council Personal Injury Committee. Information Gathering Exercise on Pre Action Protocols

Scottish Civil Justice Council Personal Injury Committee. Information Gathering Exercise on Pre Action Protocols Scottish Civil Justice Council Personal Injury Committee Information Gathering Exercise on Pre Action Protocols Response from the Motor Accident Solicitors Society June 2014 Introduction This response

More information

LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS BILL. Parliamentary Briefing by the Bar Council For Report Stage, House of Commons

LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS BILL. Parliamentary Briefing by the Bar Council For Report Stage, House of Commons LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS BILL Parliamentary Briefing by the Bar Council For Report Stage, House of Commons The Bar Council represents over 15,000 barristers in England and Wales.

More information

Clinical Negligence: A guide to making a claim

Clinical Negligence: A guide to making a claim : A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process

More information

Mediation, CFAs and conflicts of interest

Mediation, CFAs and conflicts of interest Mediation, CFAs and conflicts of interest A paper published by the Civil Mediation Council 1 1 Origins and purpose of this paper 1.1 This paper originates from questions raised by a number of mediators

More information

Key aspects of the Jackson review and related reforms - progress update as at 3 rd September 2012

Key aspects of the Jackson review and related reforms - progress update as at 3 rd September 2012 Key aspects of the Jackson review and related reforms - progress update as at 3 rd September 2012 In brief Lord Justice Jackson s key task was to address disproportionate costs in civil litigation i.e.

More information

LASPO. Why has. come about brief history of reforms

LASPO. Why has. come about brief history of reforms Contents Foreword 2 3 Foreword: Why has LASPO come about 4 Changes to funding and implications 6 Changes in practice 7 Track limits 8 The RTA and EL/PL Protocols 11 Referral fees 12 Contact information

More information

EXTENSION OF THE RTA PI SCHEME: PROPOSALS ON FIXED RECOVERABLE COSTS RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES

EXTENSION OF THE RTA PI SCHEME: PROPOSALS ON FIXED RECOVERABLE COSTS RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES EXTENSION OF THE RTA PI SCHEME: PROPOSALS ON FIXED RECOVERABLE COSTS RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES 4 th January 2013 INDEX 1 INTRODUCTION Page No. A Background 1 B Referral fees 2 C

More information

Controlling Costs in Defamation Proceedings Reducing Conditional Fee Agreement Success Fees

Controlling Costs in Defamation Proceedings Reducing Conditional Fee Agreement Success Fees Controlling Costs in Defamation Proceedings Reducing Conditional Fee Agreement Success Fees Consultation Paper CP1/2010 Published on 19 January 2010 This consultation will end on 16 February 2010 Controlling

More information

REPORT OF SERVICE DIRECTOR, FINANCE AND PROCUREMENT PERSONAL INJURY CLAIMS: JACKSON REFORMS TO THE CIVIL JUSTICE PROCEDURES

REPORT OF SERVICE DIRECTOR, FINANCE AND PROCUREMENT PERSONAL INJURY CLAIMS: JACKSON REFORMS TO THE CIVIL JUSTICE PROCEDURES Report to Finance and Property Committee REPORT OF SERVICE DIRECTOR, FINANCE AND PROCUREMENT 25 February 2013 Agenda Item: 5 PERSONAL INJURY CLAIMS: JACKSON REFORMS TO THE CIVIL JUSTICE PROCEDURES Purpose

More information

English Civil Law and the Foreign Motorist. Justice or a Lawyer s Lunch?

English Civil Law and the Foreign Motorist. Justice or a Lawyer s Lunch? English Civil Law and the Foreign Motorist Justice or a Lawyer s Lunch? Agenda Basic Principles The Civil Procedure The Claim - Practice Basic principles English Law is based on precedent - what courts

More information

GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM

GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM Because of the expert knowledge and depth of investigation required in order to bring a successful claim, negligence litigation can be expensive. Understandably,

More information

A brief guide to professional negligence claims

A brief guide to professional negligence claims A brief guide to professional negligence claims Contents Introduction Do I have a claim? Important considerations Pre-action protocol procedure Court proceedings Contact information Introduction Claims

More information

Guide to litigation costs and funding

Guide to litigation costs and funding Guide to litigation costs and funding Contents Introduction Legal Aid Before the Event Insurance (BTE) Third Party Funding Paying for the claim yourself Alternative Billing Models (ABM) After the Event

More information

Expenses and Funding of Civil Litigation Bill Consultation Response by GCC

Expenses and Funding of Civil Litigation Bill Consultation Response by GCC Expenses and Funding of Civil Litigation Bill Consultation Response by GCC (A) Speculative Fee Agreements: Q1: Do you think that a lack of cap on speculative fee agreements prevents potential pursuers

More information

CLAIMSadvisor. Employers & Public Liability Claims Jackson Reforms update. Background. Key changes post 1 April 2013

CLAIMSadvisor. Employers & Public Liability Claims Jackson Reforms update. Background. Key changes post 1 April 2013 CLAIMSadvisor RISK PRACTICE JULY 2013 Employers & Public Liability Claims Jackson Reforms update We recently provided an overview of the Jackson Reforms and the key changes in relation to Employers Liability

More information

Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill

Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Kennedys advocates the repeal of Amendments 132AA and 132AB added to the Legal Aid, Sentencing

More information

Review of the Uninsured and Untraced Drivers Agreements

Review of the Uninsured and Untraced Drivers Agreements Review of the Uninsured and Untraced Drivers Agreements Covering letter The Secretary of State for Transport is a party with the Motor Insurers Bureau (MIB) to two agreements, the Uninsured Drivers Agreement

More information

Insider. Damages-Based Agreements: potential or potential pitfall? Don McCue March 2013

Insider. Damages-Based Agreements: potential or potential pitfall? Don McCue March 2013 Our members review the latest legal developments in their specialist areas of law in an easy-to-read, digestible format. Damages-Based Agreements: potential or potential pitfall? Don McCue March 2013 As

More information

Guide to compensation claims against the police

Guide to compensation claims against the police Tel: 020 8492 2290 I N C O R P O R A T I N G D O N A L D G A L B R A I T H & C O Guide to compensation claims against the police This guide is designed to provide a general overview to bringing compensation

More information

COST AND FEE ALLOCATION IN CIVIL PROCEDURE: Reporter: Richard Moorhead, Professor of Law, Cardiff University, Wales, UK

COST AND FEE ALLOCATION IN CIVIL PROCEDURE: Reporter: Richard Moorhead, Professor of Law, Cardiff University, Wales, UK COST AND FEE ALLOCATION IN CIVIL PROCEDURE: REPORT FOR ENGLAND AND WALES Reporter: Richard Moorhead, Professor of Law, Cardiff University, Wales, UK INTRODUCTION This short report deals with the areas

More information

Cymru update. Leon Lloyd Hugh James. 6 November 2013

Cymru update. Leon Lloyd Hugh James. 6 November 2013 Community Housing Cymru update Leon Lloyd Hugh James 6 November 2013 New EL/PL claims procedure From 1 August 2013 Fast track claims EL/PL claims between 10k and 25k issued pre-1 April 2013 handled outside

More information

Clinical Negligence. Issue of proceedings through to Trial

Clinical Negligence. Issue of proceedings through to Trial Clinical Negligence Issue of proceedings through to Trial Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 1 April

More information

Reforming Civil Litigation Funding and Costs in England and Wales Implementation of Lord Justice Jackson s Recommendations. The Government Response

Reforming Civil Litigation Funding and Costs in England and Wales Implementation of Lord Justice Jackson s Recommendations. The Government Response Reforming Civil Litigation Funding and Costs in England and Wales Implementation of Lord Justice Jackson s Recommendations The Government Response March 2011 1. Reforming Civil Litigation Funding and

More information

MOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS. By Andrew Mckie (Barrister at Law) Clerksroom March 2012

MOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS. By Andrew Mckie (Barrister at Law) Clerksroom March 2012 MOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS Introduction By Andrew Mckie (Barrister at Law) Clerksroom March 2012 Telephone 0845 083 3000 or go to www.clerksroom.com The protocol for Low Value

More information

QBE European Operations. UK Casualty Claims. Policyholder guide March 2013. 2013 Jackson reforms and Ministry of Justice Claims Portal Extension

QBE European Operations. UK Casualty Claims. Policyholder guide March 2013. 2013 Jackson reforms and Ministry of Justice Claims Portal Extension QBE European Operations UK Casualty Claims Policyholder guide March 2013 2013 Jackson reforms and Ministry of Justice Claims Extension UK Casualty Claims Policyholder guide March 2013 2013 Jackson reforms

More information

Track Limits and Personal Injury Claims Process Department Of Constitutional Affairs Consultation

Track Limits and Personal Injury Claims Process Department Of Constitutional Affairs Consultation Track Limits and Personal Injury Claims Process Department Of Constitutional Affairs Consultation With effect from 20 April 2007, the Department of Constitutional Affairs has entered into a period of consultation

More information

Response to sheriff court rules council consultation on proposals for procedural rules for personal injury actions in the sheriff court September

Response to sheriff court rules council consultation on proposals for procedural rules for personal injury actions in the sheriff court September Response to sheriff court rules council consultation on proposals for procedural rules for personal injury actions in the sheriff court September 2006 ^ÄçìííÜÉpÅçííáëÜ`çåëìãÉê`çìåÅáä qüé påçííáëü `çåëìãéê

More information

APIL/PIBA CFA version 9, for personal injuries and clinical negligence claims, from 1.4.13,

APIL/PIBA CFA version 9, for personal injuries and clinical negligence claims, from 1.4.13, SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 April 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse mesothelioma.)

More information

C.M. Haughey Solicitors Compensation Guide

C.M. Haughey Solicitors Compensation Guide C.M. Haughey Solicitors Compensation Guide www.cmhaugheysolicitors.ie Athena Goddess of Wisdom, Strength and Strategy. When your experience needs our experience About Us C. M. Haughey Solicitors, located

More information

NATIONAL ACCIDENT HELPLINE RESPONSE TO THE GOVERNMENT S PROPOSALS FOR REFORM OF CIVIL LITIGATION FUNDING AND COSTS IN ENGLAND AND WALES

NATIONAL ACCIDENT HELPLINE RESPONSE TO THE GOVERNMENT S PROPOSALS FOR REFORM OF CIVIL LITIGATION FUNDING AND COSTS IN ENGLAND AND WALES NATIONAL ACCIDENT HELPLINE RESPONSE TO THE GOVERNMENT S PROPOSALS FOR REFORM OF CIVIL LITIGATION FUNDING AND COSTS IN ENGLAND AND WALES INTRODUCTION TO NATIONAL ACCIDENT HELPLINE National Accident Helpline

More information

The industry is delivering on its commitment to pass on savings to customers

The industry is delivering on its commitment to pass on savings to customers TRANSPORT SELECT COMMITTEE INQUIRY COST OF MOTOR INSURANCE: WHIPLASH Evidence from the Association of British Insurers The Association of British Insurers (ABI) is the voice of the insurance and investment

More information

EUROPEAN COMMISSION GREEN PAPER A EUROPEAN ORDER FOR PAYMENT PROCEDURE AND MEASURES TO SIMPLIFY AND SPEED UP SMALL CLAIMS LITIGATION

EUROPEAN COMMISSION GREEN PAPER A EUROPEAN ORDER FOR PAYMENT PROCEDURE AND MEASURES TO SIMPLIFY AND SPEED UP SMALL CLAIMS LITIGATION EUROPEAN COMMISSION GREEN PAPER A EUROPEAN ORDER FOR PAYMENT PROCEDURE AND MEASURES TO SIMPLIFY AND SPEED UP SMALL CLAIMS LITIGATION A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS MAY 2003 The

More information

A Barracuda Company. UK edisclosure. A Business-Focussed Examinationof the April 2014 Reforms. White Paper

A Barracuda Company. UK edisclosure. A Business-Focussed Examinationof the April 2014 Reforms. White Paper A Barracuda Company UK edisclosure A Business-Focussed Examinationof the April 2014 Reforms White Paper Overview This paper takes a look at the April 2013 Legal Reforms from a Business Aspect Lord Justice

More information

SOLICITORS THOMPSONS CONSUL TATION RESPONSE TO THE EXPENSES AND FUNDING OF CIVIL LITIGATION BILL & SOLICITOR ADVOCATES

SOLICITORS THOMPSONS CONSUL TATION RESPONSE TO THE EXPENSES AND FUNDING OF CIVIL LITIGATION BILL & SOLICITOR ADVOCATES CONSUL TATION RESPONSE TO THE EXPENSES AND FUNDING OF CIVIL LITIGATION BILL THOMPSONS SOLICITORS & SOLICITOR ADVOCATES DEDICATION I KNOWLEDGE I STRENGTH Introduction Thompsons Solicitors are a specialist

More information

Information. Considering a clinical negligence claim. What gives rise to a clinical negligence claim? What about the issue of causation?

Information. Considering a clinical negligence claim. What gives rise to a clinical negligence claim? What about the issue of causation? Information You are asking advice from Thomson Snell & Passmore about a possible clinical negligence claim. Such claims are complex and it would greatly assist your understanding of the issues if you read

More information

Neutral Citation Number: [2012] EWCA Civ 1288. Case No: A3/2011/1846

Neutral Citation Number: [2012] EWCA Civ 1288. Case No: A3/2011/1846 Neutral Citation Number: [2012] EWCA Civ 1288 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE DERBY COUNTY COURT RECORDER BURNS (SITTING IN NORTHAMPTON) REF: 0DE03953 Case No: A3/2011/1846 Royal

More information

Short Form CFA based on "APIL/PIBA 9" for personal injuries and clinical negligence claims from 1.10.2013

Short Form CFA based on APIL/PIBA 9 for personal injuries and clinical negligence claims from 1.10.2013 LAMB CHAMBERS SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 October 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse

More information

After the Event Insurance. for Clinical Negligence. Litigation Advantage ATE. Legal expenses insurance experts www.temple-legal.co.

After the Event Insurance. for Clinical Negligence. Litigation Advantage ATE. Legal expenses insurance experts www.temple-legal.co. After the Event Insurance for Clinical Negligence Litigation Advantage Legal expenses insurance experts ATE w Contents Temple Legal Protection After the Event Insurance from Temple Benefits of ATE Insurance

More information