The Incorporated Law Society of Cardiff and District. Members Forum 30 January 2013 JACKSON REFORMS WHERE ARE WE NOW? Michael Imperato Simon Cradick

Size: px
Start display at page:

Download "The Incorporated Law Society of Cardiff and District. Members Forum 30 January 2013 JACKSON REFORMS WHERE ARE WE NOW? Michael Imperato Simon Cradick"

Transcription

1 The Incorporated Law Society of Cardiff and District Members Forum 30 January 2013 JACKSON REFORMS WHERE ARE WE NOW? Michael Imperato Simon Cradick

2 Agenda Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( LASPO ) Bill laid before Parliament Royal Assent Implementation April 2013 Civil Procedure Rule Committee Amendments to CPR Implementation April 2013 Simmons v Castle [2012] Whiplash injury consultation

3 Already implemented: More robust case management Cost management pilots TCC and Mercantile Courts Defamation cases Judicial training in costs management Pilot of Hot tubbing (concurrent expert evidence) Pilot of provisional assessment of costs Bills for base costs of less than 25,000

4 Already implemented: Pilot of docketing One Judge to control case from beginning to end Amendment of CPR Carver v BAA Plc [2008] reversed more advantageous means better in money terms by any amount Increase in rates for litigants in person 9.25 ph to 18 Pilot scheme for automatic referral to Court of Appeal Mediation Scheme personal injury, clinical negligence and contractual claims worth up to 100,000

5 Already implemented: Pilot Mediation Scheme for County Court Money Clams For 6 months from Applies to all claims where AQs lodged in pilot period where: Sum claimed does not exceed 5,000 All parties indicate on AQ that they agree to mediation Excludes RTA, personal injury and housing disrepair claims Advisory Committee on Civil Costs disbanded New sub committee of CJC to be established to: Set guideline hourly rates Offer advice on other costs issues

6 Proposed to happen in April 2013 (LASPO) ATE premiums and similar should cease to be recoverable On policies taken out on or after Premiums to be borne by Insured Includes Trade Union etc cost protection schemes Does not apply to: Mesothelioma claims Premiums in clinical negligence claims to cover cost of expert reports on liability and causation But QOCS to apply

7 Proposed to happen in April 2013 (LASPO) CFA success fees should cease to be recoverable The Conditional Fee Agreements Order 2013 laid before Parliament on Will apply to CFAs entered into on or after Success fees to be paid by funded party Success fees in injury claims capped at 25% of damages, excluding future care and loss Does not apply to mesothelioma claims (as it stands) But 10% increase in PSLA

8 Proposed to happen in April 2013 (LASPO) Contingency fees The Damages-Based Agreements Regulations 2013 laid before Parliament on Damages-Based Agreements (DBAs) extended from employment disputes to all proceedings for resolving disputes Fee in injury claims capped at 25% of damages, excluding future care and loss Fee in non injury claims (excluding ET cases) capped at 50% Indemnity principle applies

9 Proposed to happen in April 2013 (LASPO) Referral fees LASPO prohibits payment and receipt of referral fees in personal injury cases by solicitors, claims management companies and insurers Issues with enforcement Does not cover legitimate marketing spend

10 Proposed to happen in April 2013 (CPR) Qualified One-way Costs Shifting (QOCS) QOCS in injury claims, so claimants conducting their case properly will not have to pay towards defendants costs if the claim fails QOCS will apply to all claimants whatever their means QOCS protection would be lost if (a) claim is found to be fraudulent on the balance of probabilities; or (b) claimant has failed to beat defendant s Part 36 offer to settle; or (c) the case has been struck out where the claim discloses no reasonable cause of action or where it is otherwise an abuse of the court s process (or is otherwise likely to obstruct the just disposal of the proceedings).

11 Proposed to happen in April 2013 (CPR) Qualified One-way Costs Shifting (QOCS) The principles in CPR 36 override QOCS, but only up to the level of damages recovered by the claimant QOCS protection would apply in relation to claims that are discontinued during proceedings (unless proved to be fraudulent) QOCS protection would be allowed for all appeal proceedings MoJ considering practicality of QOCS not applying to subrogated elements of an injury claim (eg. credit hire, property damage)

12 Likely to happen in April 2013 (CPR) Part 36 sanctions reformed: Offers to Settle in Civil Proceedings Order 2013 laid before Parliament on An additional amount to be paid by a defendant who does not accept a claimant s Part 36 offer where the court gives judgment for the claimant that is at least as advantageous as the claimant s offer Additional sanction calculated as 10% of damages or 10% of costs in non-damages claims Where damages exceed 500,000, sanction is 5% on anything over 500,000 to likely maximum sanction of 75,000 Only be one sanction applicable for split trials.

13 Likely to happen in April 2013 (CPR) New proportionality test New Rule has been agreed Intended to control the costs of activity that is clearly disproportionate to the value, complexity and importance of the claim Standard costs management procedure All multi track claims issued after 1 April 2013 New Cost Budget form

14

15 Likely to happen in April 2013 (CPR) Standard case management directions Amended PD3 due to come into force in April 2013 Amended CPR 3.9 (Relief from sanctions) Judges to be less tolerant of delays and breaches of Orders Request for permission for expert evidence to be accompanied by estimate of cost More active use of existing powers in respect of witness statements

16 Likely to happen in April 2013 (CPR) Revised form N260 (Summary of costs) More detail particularly as to documents time Changes to Detailed Assessment procedure Points of Dispute and Replies much briefer (new Precedent) Part 36 offers to apply Enhanced interest and indemnity costs if Receiving Party beats his offer Provisional Assessments

17 Likely to happen in April 2013 (CPR) Small claims track limit increased Initially to 10,0000, potentially to increase to 15,000 Announced that no increase to small claims threshold for injury and housing disrepair claims ( 1,000) Government now consulting on raising the small claims threshold to 5,000 for: all RTA whiplash claims or all RTA claims

18 Announced to happen in April 2013 Increase in general damages of 10% Simmons v Castle [2012] with effect from 1 April 2013, the proper level of general damages in all civil claims for (i) pain and suffering, (ii) loss of amenity, (iii) physical inconvenience and discomfort, (iv) social discredit, (v) mental distress, or (vi) loss of society of relatives, will be 10% higher than previously, unless the claimant falls within s.44(6) of LASPO. It therefore follows that, if the action now under appeal had been the subject of a judgment after 1 April 2013, then (unless the claimant had entered into a CFA before that date) the proper award of general damages would be 10% higher than that agreed in this case

19 Unlikely to happen by April 2013 (CPR) Extension of fixed costs regime RTA portal to be extended to cover claims up to 25,000 New portal for EL & PL claims up to 25,000 Possibly low value clinical negligence claims Fixed costs to be reduced as referral fees banned Proposed fixed costs in litigated claims Judicial Review of costs proposals by APIL

20

21 Unlikely to happen by April 2013 Reducing costs and numbers of whiplash claims Government to consult on measures to address number and cost of whiplash claims Views sought on: introduction of independent medical panels Increasing small claims threshold for RTA injury claims

22 Unlikely to happen by April 2013 New PAP for Low value Personal Injury (EL and PL) Claims Draft published Does not apply to: Cases where the Claimant is deceased Disease claims where there is more than one Defendant PL claims where the Defendant is an individual Claims for clinical negligence Mesothelioma claims

23 Dedicated MoJ webpage

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

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

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

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

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

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

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

T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN FEBRUARY 2013

T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN FEBRUARY 2013 T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN FEBRUARY 2013 2013 JACKSON REFORM UPDATE From the beginning of April this year, Employers Liability (EL), Public Liability (PL) and Motor Injury Claims

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

Implementing Jackson: reform of 'no win, no fee' claims & related changes - 6 th November 2012

Implementing Jackson: reform of 'no win, no fee' claims & related changes - 6 th November 2012 Implementing Jackson: reform of 'no win, no fee' claims & related changes - 6 th November 2012 Alistair Kinley Partner & Head of Policy Development t: 020 7865 3350 e: alistair.kinley@blm-law.com construction

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

Nick Pargeter Partner, BLM

Nick Pargeter Partner, BLM Impact of Civil Justice reforms on disease claims Nick Pargeter Partner, BLM construction & property corporate risks healthcare insurance & indemnity leisure public sector retail technology, media & telecoms

More information

Welcome: The Zurich Jackson & MOJ Reforms Webinar will begin shortly Mojhelpline@uk.zurich.com

Welcome: The Zurich Jackson & MOJ Reforms Webinar will begin shortly Mojhelpline@uk.zurich.com Welcome: The Zurich Jackson & MOJ Reforms Webinar will begin shortly If you do not get a chance to raise a question during the Webinar, you can use our MOJ advice centre, simply e mail your query to: Mojhelpline@uk.zurich.com

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

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

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

Civil litigation reforms Jackson one year on

Civil litigation reforms Jackson one year on Civil litigation reforms Jackson one year on Introduction 1 April 2013 saw a number of civil litigation reforms come into force. The reforms were spearheaded by Lord Justice Jackson and were heralded to

More information

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

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

Civil Litigation Reforms. March 2013

Civil Litigation Reforms. March 2013 Civil Litigation Reforms March 2013 1 contents Introduction... 2 The Jackson Report... 4 Implementation...5 Referral fees... 6 Conditional Fee Agreements... 8 After the Event Insurance... 10 Damages Based

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

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

Client Bulletin. June 2013 Ministry of Justice Reforms update and practical guidance

Client Bulletin. June 2013 Ministry of Justice Reforms update and practical guidance Client Bulletin June 2013 Ministry of Justice Reforms update and practical guidance This bulletin provides an update to our previous bulletin about the proposed Ministry of Justice Reforms and follows

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

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

CIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT

CIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT Introduction CIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT Submission by the Motor Accident Solicitors Society (MASS) March 2014 1. This response is prepared on behalf

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

The New CFA and DBA Regime. Simon Edwards

The New CFA and DBA Regime. Simon Edwards The New CFA and DBA Regime Simon Edwards CFAs post 1 April 2013 Section 58A (6) Courts and Legal Services Act 1990 (CLSA) provides that a costs order made in proceedings may not include provision requiring

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

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

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

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

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

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

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Pre-action Conduct of Litigation

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Pre-action Conduct of Litigation Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles 1.1 Introduction 1.1.1 Overview of civil litigation process 1.2 Introduction to the civil courts 1.2.1

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

Civil Litigation Reforms & AIG

Civil Litigation Reforms & AIG Access to Justice Civil Litigation Reforms & AIG Start The reforms AIG Response day 1-5 day 6-20 day 21-25 AIG process map Overview and key Changes For more details of the reforms click here > The Jackson

More information

UK V US CLASS ACTIONS: WILL CHANGES TO THE UK COSTS REGIME RESULT IN MORE OR LESS CLAIMS?

UK V US CLASS ACTIONS: WILL CHANGES TO THE UK COSTS REGIME RESULT IN MORE OR LESS CLAIMS? UK V US CLASS ACTIONS: WILL CHANGES TO THE UK COSTS REGIME RESULT IN MORE OR LESS CLAIMS? Ben Hubble QC 4 New Square September 2013 UK & US: COMPARE & CONTRAST Some facts about the US In 2011: 188 federal

More information

DBA Regulations. My understanding of the decisions that have been made and questions that may arise are:

DBA Regulations. My understanding of the decisions that have been made and questions that may arise are: DBA Regulations I have considered the Damages Based Agreements Regulations and the manner in which they may be re written for the purposes of including DBA's for all claims over and above employment matters.

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

DAMAGES BASED AGREEMENTS AND CONTINGENCY FEES. Colm Barry

DAMAGES BASED AGREEMENTS AND CONTINGENCY FEES. Colm Barry DAMAGES BASED AGREEMENTS AND CONTINGENCY FEES Colm Barry Both CFAs and DBAs are a type of contingency fee. Contingency fees generally are unlawful for contentious business except where permitted by statute.

More information

LAW SOCIETY CONFERENCE ON COMMERCIAL LITIGATION: THE POST-JACKSON WORLD. KEYNOTE SPEECH BY LORD JUSTICE JACKSON (lawsocspeech)

LAW SOCIETY CONFERENCE ON COMMERCIAL LITIGATION: THE POST-JACKSON WORLD. KEYNOTE SPEECH BY LORD JUSTICE JACKSON (lawsocspeech) LAW SOCIETY CONFERENCE ON COMMERCIAL LITIGATION: THE POST-JACKSON WORLD KEYNOTE SPEECH BY LORD JUSTICE JACKSON (lawsocspeech) 1. INTRODUCTION 1.1 It is daunting to make a keynote speech at a conference

More information

1.2 Analyse matters to be considered by the judge when awarding damages for pain, suffering and loss of amenity

1.2 Analyse matters to be considered by the judge when awarding damages for pain, suffering and loss of amenity Title Damages, Settlement and Costs in Personal Injury Cases Level 4 Credit value 8 Learning outcomes The learner will: Assessment criteria The learner can: Knowledge, understanding and skills 1 Understand

More information

PUBLIC. CIVIL JUSTICE COMMITTEE Minutes of the meeting on 12 November 2013 at 10.30 in the Old Bookshop, 113 Chancery Lane, London.

PUBLIC. CIVIL JUSTICE COMMITTEE Minutes of the meeting on 12 November 2013 at 10.30 in the Old Bookshop, 113 Chancery Lane, London. Posted on Corporate Business on 11 December 2013 as approved by the Chair CIVIL JUSTICE COMMITTEE Minutes of the meeting on 12 November 2013 at 10.30 in the Old Bookshop, 113 Chancery Lane, London Part

More information

Civil Justice Group weekly update. Week ending 3 February 2012

Civil Justice Group weekly update. Week ending 3 February 2012 Civil Justice Group weekly update Week ending 3 February 2012 Government announcements during LASPO House of Lords Committee Stage Days 5 and 6 This week the House of Lords considered amendments to Part

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

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

Expert evidence. A guide for expert witnesses and their clients (Second edition)

Expert evidence. A guide for expert witnesses and their clients (Second edition) Expert evidence A guide for expert witnesses and their clients (Second edition) Addendum, June 2009 1. Introduction 1.1 The second edition of this Guide was published in October 2003, in order to set out

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

1.2 Analyse matters to be considered by the judge when awarding damages for pain, suffering and loss of amenity

1.2 Analyse matters to be considered by the judge when awarding damages for pain, suffering and loss of amenity Title Damages, Settlement and Costs in Personal Injury Cases Level 4 Credit value 8 Learning outcomes The learner will: Assessment criteria The learner can: Knowledge, understanding and skills 1 Understand

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

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook Introductory note. These are the Model Directions for use in the first Case Management Conference in clinical

More information

Jackson, Costs & Funding:

Jackson, Costs & Funding: Jackson, Costs & Funding: Attract & Retain Clients, Increase Billable Hours, Maximise Profits A CPD-accredited Seminar from 1 Mark Beaumont London office 1 Topics The Jackson Reforms Costs Management Hourly

More information

Consultation Document. Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000

Consultation Document. Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000 Consultation Document Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000 Response from: British Vehicle Rental and Leasing Association River Lodge Badminton

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

Conditional Fee Agreement (CFA)

Conditional Fee Agreement (CFA) Conditional Fee Agreement (CFA) This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully. This agreement must be read in conjunction

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

Preamble HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL 05/04/2013

Preamble HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL 05/04/2013 HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Colin Richmond 11/04/2013 www.zenithchambers.co.uk

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1

More information

ENGLAND AND WALES. Graham Huntley Hogan Lovells International LLP, London WHERE ARE WE WITH JACKSON S PROPOSALS ON COSTS?

ENGLAND AND WALES. Graham Huntley Hogan Lovells International LLP, London WHERE ARE WE WITH JACKSON S PROPOSALS ON COSTS? CS44 [2011] 4 Env. Liability : Current Survey : England & Wales : Huntley ENGLAND AND WALES Graham Huntley Hogan Lovells International LLP, London WHERE ARE WE WITH JACKSON S PROPOSALS ON COSTS? In November

More information

BEAT THE QOCS: costs in personal injury claims following Jackson

BEAT THE QOCS: costs in personal injury claims following Jackson BEAT THE QOCS: costs in personal injury claims following Jackson Patrick West, St John s Chambers Published on 9th March 2015 Patrick West looks at the growing impact of one of the most important costs

More information

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR USE AFTER 31 JANUARY 2013 PLEASE NOTE: THESE TERMS

More information

Report of the Working Party on Damages Based Agreements (Contingency Fees)

Report of the Working Party on Damages Based Agreements (Contingency Fees) Report of the Working Party on Damages Based Agreements (Contingency Fees) 1. The terms of reference of the Working Party (WP ) were set out by Lord Justice Jackson on behalf of the Civil Justice Council

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

The Essential Guide to Civil Costs and Litigation Funding

The Essential Guide to Civil Costs and Litigation Funding The Essential Guide to Civil Costs and Litigation Funding Robin Dunne Barrister Clerksroom Chambers www.clerksroom.com Clerks: 0845 083 300 (24/7) E- mail: dunne@clerksroom.com Twitter:@Robin_Dunne About

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

A CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE

A CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE A CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE Part 36 is a provision in the Civil Procedure Rules ( CPR ) designed to encourage parties to settle disputes without going to trial. Under Part 36, both claimants

More information

FEDINAS & OTHERS vs FAYAQ & OCTAGON INSURANCE (18.6.2015) DJ Shepherd, Leeds County Court.

FEDINAS & OTHERS vs FAYAQ & OCTAGON INSURANCE (18.6.2015) DJ Shepherd, Leeds County Court. FEDINAS & OTHERS vs FAYAQ & OCTAGON INSURANCE (18.6.2015) DJ Shepherd, Leeds County Court. Introduction 1. One might have thought with the intense scrutiny that has been brought to bear upon the proportionality

More information

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance In return for the payment of the Premium specified in the Schedule and based on any Information that

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

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

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

CIVIL JUSTICE COUNCIL (CJC) RESPONSE REDUCING THE NUMBER & COSTS OF WHIPLASH CLAIMS

CIVIL JUSTICE COUNCIL (CJC) RESPONSE REDUCING THE NUMBER & COSTS OF WHIPLASH CLAIMS CIVIL JUSTICE COUNCIL (CJC) RESPONSE REDUCING THE NUMBER & COSTS OF WHIPLASH CLAIMS General The CJC welcomes the opportunity to respond to this consultation. It further welcomes the intention to improve

More information

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only].

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only]. Disclaimer This model agreement is not a precedent for use with all clients and it will need to be adapted/modified depending on the individual clients circumstances and solicitors business models. In

More information

T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN JUNE 2013

T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN JUNE 2013 T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN JUNE 2013 2013 JACKSON REFORM UPDATE PART TWO Since our February 2013 Jackson Reforms update, we have seen the claimant lobby s Judicial Review proceedings

More information

Preparing your Firm for the Referral Fee Ban TRACEY CALVERT

Preparing your Firm for the Referral Fee Ban TRACEY CALVERT Preparing your Firm for the Referral Fee Ban TRACEY CALVERT PUBLISHED BY IN ASSOCIATION WITH Chapter 1: Understanding the changes which have been made THIS REPORT is about the ban on referral fees in personal

More information

Challenges to Solicitors charges in the post Jackson era

Challenges to Solicitors charges in the post Jackson era Challenges to Solicitors charges in the post Jackson era Keith Hayward Victory Legal Costs Solicitors Tel: 0844 980 1690 Fax: 0844 980 1691 Web: www.victorylegal.co.uk E-Mail: keith.hayward@victorylegal.co.uk

More information

Claims Post Jackson Some Additional Information. Andrew Mckie, Barrister Clerksroom - May 2013. Telephone 07739 964012/ 0845 083 3000

Claims Post Jackson Some Additional Information. Andrew Mckie, Barrister Clerksroom - May 2013. Telephone 07739 964012/ 0845 083 3000 1 Claims Post Jackson Some Additional Information Andrew Mckie, Barrister Clerksroom - May 2013 Telephone 07739 964012/ 0845 083 3000 Email: andrewmckie@btinternet.com/ mckie@clerksroom.com The EL and

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

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

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

Damages Based Agreements: The Basics

Damages Based Agreements: The Basics Damages Based Agreements: The Basics The main provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force on the 1st April 2013 and promise to herald a major change

More information

PROFESSIONAL INDEMNITY FORUM SOLICITORS NEGLIGENCE A REVIEW OF RECENT DEVELOPMENTS

PROFESSIONAL INDEMNITY FORUM SOLICITORS NEGLIGENCE A REVIEW OF RECENT DEVELOPMENTS PROFESSIONAL INDEMNITY FORUM SOLICITORS NEGLIGENCE A REVIEW OF RECENT DEVELOPMENTS Ben Patten QC 4 New Square 3 rd July 2013 BROWN v INNOVATOR ONE [2012] EWHC 1321 - Hamblen J 18 May 2012 - tax avoidance

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

BC Legal Update. Extending the RTA Portal to Disease claims. May 2013. 1. Introduction

BC Legal Update. Extending the RTA Portal to Disease claims. May 2013. 1. Introduction Extending the RTA Portal to Disease claims May 2013 1. Introduction In July 2013 the existing RTA PI protocol will be extended to EL and PL claims. In addition, the value of claims captured by the protocol

More information

Model Order clinical negligence duty-causation-quantum outside RCJ

Model Order clinical negligence duty-causation-quantum outside RCJ Warning: you must comply with the terms imposed upon you by this order otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal

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

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

Whiplash: A political rather than a medical diagnosis?

Whiplash: A political rather than a medical diagnosis? Whiplash: a political rather than a medical diagnosis?,, Temple The Government believes that there is a major problem with false whiplash claims and over the last two years has consulted upon and introduced

More information

The Lifecycle of a Personal Injury Claim. By Andrew Mckie (Barrister at Law) Clerksroom July 2012. Telephone 0845 083 3000 or go to www.clerksroom.

The Lifecycle of a Personal Injury Claim. By Andrew Mckie (Barrister at Law) Clerksroom July 2012. Telephone 0845 083 3000 or go to www.clerksroom. 1 1. Introduction The Lifecycle of a Personal Injury Claim By Andrew Mckie (Barrister at Law) Clerksroom July 2012 The aim of the presentation is to look at the basic steps from the taking instructions

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

Practice Direction to 60th Update 1. 60 th UPDATE PRACTICE DIRECTION AMENDMENTS

Practice Direction to 60th Update 1. 60 th UPDATE PRACTICE DIRECTION AMENDMENTS 60 th UPDATE PRACTICE DIRECTION AMENDMENTS The new Practice Directions and the amendments to the existing Practice Directions supplementing the Civil Procedure Rules 1998 are made by the Master of the

More information

CIVIL JUSTICE ANNUAL REVIEW

CIVIL JUSTICE ANNUAL REVIEW LEGAL AFFAIRS AND POLICY BOARD 28 th April 2015 Item 5.5 Classification - Public Purpose For Information CIVIL JUSTICE ANNUAL REVIEW The Issues The attached paper sets out the major areas of work undertaken

More information

questions fees payable under the new process?

questions fees payable under the new process? Frequently asked questions Low Value Personal Injury Claims in Road Traffic Accidents Stage 3 Q72. Will paper hearings be allowed for child claims? A72. No. All child claims will require an oral hearing.

More information

CFAs & ATE Policies Implications for Professional Indemnity Market

CFAs & ATE Policies Implications for Professional Indemnity Market CFAs & ATE Policies Implications for Professional Indemnity Market Michael Lent Bond Pearce David Pipkin Temple Legal Protection Ltd July 2006 Indemnity principle Harold v Smith 1860 Gundry v Sainsbury

More information

Rolls, Lord Justice Dyson who has made it clear that the reforms WILL all be introduced in April 2013.

Rolls, Lord Justice Dyson who has made it clear that the reforms WILL all be introduced in April 2013. October 2012 Even more on the Jackson Reforms Costs Newsletter The Jackson Reforms and the implementation of LASPO next April, continues to dominate much of the legal press and are the subject of any number

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

CIVIL LITIGATION ASSISTANCE SCHEME CONDITIONS OF ASSISTANCE

CIVIL LITIGATION ASSISTANCE SCHEME CONDITIONS OF ASSISTANCE APPLICATION CIVIL LITIGATION ASSISTANCE SCHEME CONDITIONS OF ASSISTANCE 1. Applications for funding under the Civil Litigation Assistance Scheme can only be submitted through a private legal practitioner

More information

Update from UK asbestos and deafness working parties Robert Brooks, Brian Gravelsons and Gabriela Macra

Update from UK asbestos and deafness working parties Robert Brooks, Brian Gravelsons and Gabriela Macra Update from UK asbestos and deafness working parties Robert Brooks, Brian Gravelsons and Gabriela Macra 02 May 2013 Agenda Update from the UK asbestos working party Background and Introduction Recap on

More information

CHANGES AND EXTENSION TO THE PORTAL PROPOSED OR OTHERWISE

CHANGES AND EXTENSION TO THE PORTAL PROPOSED OR OTHERWISE CHANGES AND EXTENSION TO THE PORTAL PROPOSED OR OTHERWISE By Chris Rafferty & Colin Richmond INTRODUCTION The reforms of the RTA Portal Scheme have been relatively few to date, but are nevertheless worthy

More information