Jackson, Costs & Funding:

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Jackson, Costs & Funding:"

Transcription

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

2 Topics The Jackson Reforms Costs Management Hourly Rates Solicitors Obligations (ATE Insurance & Funding) Funding & Retainers: The future of CFA s Damages Based Agreements (Contingency Fees) Invoicing & the Indemnity Principle Third Party Litigation Funding Legal Expenses Insurance Case Law update Q&A 2 Jackson The Present (1) Parliament Legal Aid, Sentencing and Punishment of Offenders Act received royal assent on 1 May 2012 Abolition of recovery of success fees and ATE premiums; Regulate success fees by introducing a cap of 25% of damages in personal injury cases; Payments on additional amounts to successful Claimants; The extension of contingency fee/damages based agreements beyond employment matters. 3 Jackson The Present (2) The MOJ Pilots: Practice Direction 51D Defamation Proceedings Costs Management Scheme (extended to 30 September 2012); Practice Direction 51G Costs Management in Mercantile and TCC Courts (extended from Birmingham, implemented on 1 October 2012); Practice Direction 51E County Court Provisional Assessment Scheme (Leeds, York & Scarborough, extended to 30 September 2012). 4 1

3 Jackson The Present (3) The MOJ Consultation: Solving disputes in the county courts: creating a simpler, quicker and more proportionate system RTA portal scheme to increase to 25,000 following a full valuation of the existing scheme and impact assessment; Introduction of a similar scheme for employer s liability, public liability and low value clinical negligence claims; Consider the extension of fixed recoverable costs to all Fast Track claims (no plan for increase in Fast Track value); Extension of Small Claims limit from 5,000 to 10,000 (increasing to 15,000 following a review of he first increase?) No increase to personal injury limit in the Small Claims Track; Single County Court replacing the current County Court structure. 5 Jackson The Future (1) Master of the Rolls 14 th Lecture in the Implementation Programme 11 May 2012 A Costs Council Constant monitoring of developments Alternatives to Hourly Billing Including Fixed pricing Contingency Fees Solicitor charges a portion of the damages and if that sum exceeds what would be recoverable under a normal fee agreement, the client bears the difference 6 Jackson The Future (2) Master of the Rolls 15 th Lecture in the Implementation Programme 29 May 2012 The proposed new CPR.r.44.4(5) 44.4(5) Costs incurred are proportionate if they bear a reasonable relationship to: (a) the sums in issue in the proceedings; (b) the value of any non-monetary relief in issue in the proceedings; (c) the complexity of the litigation; (d) any additional work generated by the conduct of the paying party; and (e) any wider factors involved in the proceedings, such as reputation or public importance. 7 2

4 Jackson The Future (3) Costs Management 8 New proposed CPR.r.3.11 to 3.18 and PD 3E; All Multi Track cases commenced after 1 April 2013: County Court; Chancery or QB Division of High Court (not the Admiralty or Commercial Courts); Court manage both the steps taken and the costs to be incurred; Budgets must be exchanged in all cases, within 28 days of any defence; Failure to file a budget can be treated as having filed a budget comprising only applicable court fees; Jackson The Future (4) Costs Management The Court can make a costs management order: Record the extent to which the budgets are agreed between the parties; In respect of budgets which are not agreed, record the courts approval after making revisions; i Budgets may be revised but Courts will not depart from an approved budget without good reason; Costs Management Conference (tel-con or writing) Stay within (20% of) budget, win and recover fees in entirety: Safetynet Security LTD v Coppage (2012) EWHC B11 9 Costs Management Sylvia Henry v News Group Newspapers Ltd [2012] EWHC (Costs) Claimant Solicitor (acting on CFA) lost out on 292,701 (plus uplift). Claimant: Senior Social Worker at Haringey Council. Subject of defamatory articles in The Sun concerning the death of Baby P. Libel claim settled shortly before trial with the payment of a substantial sum in damages to the Claimant, a Statement in Open Court and a prominent apology in The Sun. The Claimant was entitled to recover her costs on the standard basis. The case was one of the first to be dealt with under the Defamation Proceedings Costs Management Scheme, set out at Practice Direction 51D. In this case, both the Claimant and the Defendant exceeded their budgeted costs. Most significantly however, the Claimant exceeded her budgeted costs for disclosure by 76,306 (the original allowance was 11,250) and for witness statements by 216,404 (the original allowance was 12,487). 10 3

5 Costs Management (2) Sylvia Henry v News Group Newspapers Ltd [2012] EWHC (Costs) Disclosure budget: 11,250 Actual spend: 87,556 Witness Statements: 12,487 Actual spend: 228,891 The court stressed that the provisions of the Practice Direction were in mandatory terms: each party must prepare a costs budget or revised costs budget; each party must update its budget; solicitors must liaise on a monthly basis to check that the budget is not being, or is likely to be, exceeded. Claimant s solicitors had not kept the parties updated. Accordingly, since the Defendant was unaware that the Claimant s budget had been significantly exceeded, the parties were no longer on an equal footing The purpose of the Costs Management Scheme was lost. 11 This decision was despite the Defendant s conduct of the litigation (mounting a vigorous and lengthy defence which was amended four times, and serving ten lists of documents) had had a major effect on the way in which the Claimant had pursued her case, and that consequently the Claimant would otherwise have been able to make a very good case on a detailed assessment for the costs claimed. Tactical Use of Costs With the introduction of Costs Management Orders, we will see a rise in: Costs Capping Applications CPR 44.18, Mr Justice Eady Peacock v- MGN Limited [2009] EWHC 769 QB Security for Costs Applications CPR 25, CA Evans LJ Fernhill Mining Ltd v Kier Construction Ltd (unreported) 27 Jan Provisional Assessment The Provisional Assessment Pilot Scheme. Running in Leeds, York and Scarborough County Courts since October Provides for inter partes bills with base costs of up to 25,000 to be assessed by a District Judge on paper. Avoids a costly and time-consuming detailed assessment hearing. To be extended nationally from April

6 Hourly Rates Initial CFA / Client Care Letter Provision for Review Point of Update Inform the Client 14 Guideline Hourly Rates (2010) A B C D London London London National National Which Guideline Rate to Use? Where is the Claimant based? Wraith v Sheffield Forgemasters [1998] 1 ALL ER 82 For receiving parties the location of your practice is a ceiling, but the claimant location is the key 16 5

7 CPR 44.5(3) The Seven Pillars of Wisdom (3) The court must also have regard to (a) the conduct of all the parties, including in particular (i) conduct before, as well as during, the proceedings; and (ii) the efforts made, if any, before and during the proceedings in order to try to resolve the dispute; (b) the amount or value of any money or property involved; (c) the importance of the matter to all the parties; (d) the particular complexity of the matter or the difficulty or novelty of the questions raised; (e) the skill, effort, specialised knowledge and responsibility involved; (f) the time spent on the case; and (g) the place where and the circumstances in which work or any part of it was done. 17 Hourly Rates (Case Law) Most case law in this area is from Personal Injury & Clinical Negligence cases. They ve been using CFA s for years and are used to finding the limits of recoverable hourly rates: Choudhury v Kingston Hospital [2006] SCCO Ref: PR Higgs v Camden & Islington Health Authority [2003] EWHC 15 (QB) 18 Solicitors Code of Conduct Are you meeting your obligations to your client? 2.03(1) (d)(ii) discuss whether the client's own costs may be paid by someone else (g) discuss with the client whether their liability for another party's costs may be covered by insurance Do you discuss Funding Options & ATE Insurance with all your clients? Adris & ors -V- Royal Bank of Scotland & ors [2010] EWHC 941 (QB) 19 6

8 Solicitors Code of Conduct(2) Are you meeting your obligations to your client? SRA Code of Conduct 2011 (OFR came in on 6 th October) Chapter 1: Client care Fee arrangements with your client IB(1.13) IB(1.16) discussing whether the potential outcomes of the client's matter are likely to justify the expense or risk involved, including any risk of having to pay someone else's legal fees; discussing how the client will pay, including whether public funding may be available, whether the client has insurance that might cover the fees, and whether the fees may be paid by someone else such as a trade union; 20 OFR = Outcomes-focused regulation IB = Indicative behaviours Solicitors Code of Conduct(3) Are you meeting your obligations to your client? Adris & ors -V- Royal Bank of Scotland & ors [2010] EWHC 941 (QB) A solicitor is under a duty to advise its clients on the availability of After the Event insurance. Further, if a solicitor fails to provide such advice its clients are unable to take effective decisions and the solicitor is therefore acting without instructions. A non party costs order was made against the solicitor in this case, and it will be liable for costs on a joint and several basis with the Claimants against whom any costs order will be made. 21 To the extent that the Claimants pays any costs at all, they would be wise to consider a professional negligence claim against the solicitor. Retainers Options What are you trying to achieve with your retainer? Private Paying Clients: Hourly Rate Good for your Cash Flow Often bad for your Clients Restrict your Hourly Rates ( and no Success Fee) Restrict what you can charge for? 22 7

9 Retainers Options (2) Conditional Fee Agreements (CFAs) Because your fees are conditional, you are taking a risk. Better for Clients: They pay nothing. Bad for your Cash Flow (and( you don t get paid if you lose) ) Great when you win: Hourly Rates (plus a Success Fees) Tactically useful Pressure Opponent Recover all your time from your opponent is there a better option? 23 Discounted CFA s Standard CFA = No win, no fee Discount CFA = No win, some fee Charge your client one hourly rate if you lose (say 200 per hour) but reserve the right to charge them 350 per hour if you win...and recover a success fees of up to 100% (for now) 24 Discounted CFA s (2) Solves the cash flow problem of CFA s Becomes a Business Development tool Gives you access to higher hourly rates (and success fees) Allows you to recover much more billable time Increases the recoverability of your Client s costs Your opponent will only know you re on a CFA Non-recoverability of Success Fee will not affect the win rate of a Discount CFA 25 8

10 Invoicing Are you limiting your recovery? Indemnity Principle: you can only recover inter partes what your client is liable for So, what is your client liable to pay? Interim Invoice or Payment on Account Interim Statute Invoice? Monthly Interim Invoice what do your invoices say? 26 Are you a Winner? Standard Law Society Model Definition of Win: Your claim for damages is finally decided in your favour, whether by a Court decision or an agreement to pay you damages or in any way that you derive benefit from pursuing the claim. Make sure you win Get your enhanced hourly rate. What about the level of Success Fee? (Will this be recoverable?) 27 Contingency Fees / Damages Based Agreements DBA agreed at 25% of the damages recovered. Case settles for 100,000. inter partes recoverable costs assessed at 20,000. Ontario Model Personal Injury Cases Claimant s solicitor entitled to a fee of 25,000. Made up of the 20,000 costs and 5,000 from damages. The Claimant themselves keeps 95,000 of the damages awarded. 28 Success Fee Model In the same example the solicitor keeps the 20,000 recovered costs, and then takes 25% of the damages as a success fee. The lawyer receives 45,000 in total, with the client retaining only 75,000 of the damages awarded. 9

11 Contingency Fees / Damages Based Agreements Cap of 25% in Personal Injury Cases and 50% in other litigation. What fees fall within the cap? These may include counsel s fees, VAT, and the cost of the ATE premium. But there could be other fees that fall outside the cap, such as the share that a Third Party Funder may be entitled to. Adverse Costs Hodgson immunity for solicitors (as currently exists when acting under a CFA) will remain. (2) In some circumstance a solicitor might choose to be liable, or partly liable, for adverse costs in return for a higher contingency fee. Arkin principle will apply to Third Party Funders should a claimant lose (the third party funder s liability to pay adverse costs should be limited to the amount of funding which it provided in the case). 29 Third Party Funding Who pays your Discounted Rate on the CFA? It could be your client, or it could be a Third Party Funder. Why? Client pays absolutely nothing at all = Great business development tool You get the Funders view on merits of the case = Confidence in achieving your uplifted rate and success fee Major Financial Backing = Can have tactical advantages in cases where Defendant has virtually unlimited funds 30 Third Party Funding (2) Things to consider Claim for damages? Ratio of Costs to Damages How long will it take? Will there be someone there to pay at the end? 31 Does the Client have the money? Does the Defendant have far deeper pockets? Would the Client prefer not to take the risk? Could the Client spend that money elsewhere? Could it allow access to justice in some circumstances? 10

12 Legal Expenses Insurance Legal expenses insurance falls into two categories: Before the Event (BTE) Provide cover against the risk that a dispute commences at some time in the future and during the currency of that policy. These annual policies are typically designed to insure the cost of pursuing and defending litigation, as well as any Employment Tribunal awards. After the Event (ATE): Issued after a dispute has arisen. The insurance provides protection to the insured for their potential liability to pay their opponent s costs and their own disbursements (excluding Counsel s fees). 32 Legal Expenses Insurance (2) Section 29 Administration of Justice Act 1999 (AJA) Premium for an ATE policy can be recovered from the paying party. Part 43.1 of the CPR provides the mechanism for the recovery of the ATE premium as well as the success fee claimed in a Conditional Fee Agreement (CFA). In contrast, there is no entitlement to recover the cost of a BTE policy. Therefore ATE insurance became much more widely used following the introduction of the AJA because the cost of the premium was recoverable from the losing or paying party in civil litigation. By combining a CFA with an ATE policy, the client can be granted complete protection from any costs orders - the CFA covering the costs of the client s solicitor, and the ATE covering the costs of the opponent s solicitor. 33 Legal Expenses Insurance (3) What should you look for in a policy? Providing cover for opponent s costs and own disbursements (probably excluding Counsel s fees). Agreeing the policy limit at the outset of the policy, which can be increased as further information becomes available about the opponent s costs (for example from a CMC). Providing retrospective cover (cover for opponent s costs and insured s disbursements incurred from the beginning of the dispute, not just when the policy commences). Deferring payment of the premium until the conclusion of the action (premium only payable once costs have been agreed). Staged premiums: Modest premiums apply prior to litigation. Replaced by an increase in the premium in stages after the start of litigation until completion of the trial. Premium guarantee: If the premium is reduced on assessment will the ATE provider look to your client to pay any shortfall? 34 11

13 Legal Expenses Insurance (4) What if a client already has a BTE Policy? If it is a straightforward personal injury claim for less than 5k then it may be difficult to avoid using a BTE Policy. The typical issues that solicitors experience with add on BTE policies are that the Insurer exerts tight control over the conduct and costs of a case and the choice of solicitor. The policy limits provided by BTE insurance are rarely adequate for commercial litigation. Therefore, we suggest that if the solicitor is prepared to act under a CFA, it may well be in the client s best interests to recommend moving from their BTE to an ATE policy. Often, clients with a pre-existing BTE policy find that should a trial prove unsuccessful, they do not have enough cover to provide adequate protection for the opponent s costs. 35 Important Case Law Notification of Funding (N251) Kutsi v North Middlesex University [2008] EWHC (Costs) Part 36 offers Gibbon v Manchester City Council [2010] EWCA Civ 726 r offers Rangos v Secretary of State for Business, Innovation and Skills [2012] ChD r beaten by only a small margin after a lengthy and expensive detailed assessment. 36 Success Fees on Solicitor s Agents Work Nicholas Crane v Cannons Leisure Centre [2007] EWCA Civ 1353 (includes Costs Lawyer fees!) Any Questions? Mark Beaumont tel:

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

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

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

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

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

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

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

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

The Incorporated Law Society of Cardiff and District. Members Forum 30 January 2013 JACKSON REFORMS WHERE ARE WE NOW? Michael Imperato Simon Cradick The Incorporated Law Society of Cardiff and District Members Forum 30 January 2013 JACKSON REFORMS WHERE ARE WE NOW? Michael Imperato Simon Cradick Agenda Legal Aid, Sentencing and Punishment of Offenders

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

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

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

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

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

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

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

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

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

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

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

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

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 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

Jackson how changes to the litigation landscape will affect you

Jackson how changes to the litigation landscape will affect you Jackson how changes to the litigation landscape will affect you Nick Oliver, Howes Percival & Stephen Davies QC, Guildhall Chambers June 2011 The litigation landscape The winds of change are coming.. Overview

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

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

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

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

CONTINGENCY FEES AND DAMAGES-BASED

CONTINGENCY FEES AND DAMAGES-BASED CONTINGENCY FEES AND DAMAGES-BASED AGREEMENTS 1 CONTINGENCY FEES AND DAMAGES-BASED AGREEMENTS The current regime 1. Contingency fee agreements have always been allowed in non-contentious work. Pre-issue

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

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

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

No win no fee: our proposition after Jackson

No win no fee: our proposition after Jackson No win no fee: our proposition after Jackson February 2013 Cathy Hawkins Partner, BLM t: 020 7865 3308 e: cathy.hawkins@blm-law.com Offices Birmingham Bristol Cardiff Dublin Leeds Liverpool London Manchester

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

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

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

L.E. LAW INFORMATION SHEET NO. 14 GUIDE TO FUNDING OPTIONS FOR LITIGATION

L.E. LAW INFORMATION SHEET NO. 14 GUIDE TO FUNDING OPTIONS FOR LITIGATION 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. 14 GUIDE TO FUNDING OPTIONS FOR LITIGATION Introduction

More information

Proposals for Reform of Civil Litigation Funding. Implementation of LJ Jacksons recommendations. (Consultation paper 13/10 November 2010)

Proposals for Reform of Civil Litigation Funding. Implementation of LJ Jacksons recommendations. (Consultation paper 13/10 November 2010) Proposals for Reform of Civil Litigation Funding Implementation of LJ Jacksons recommendations (Consultation paper 13/10 November 2010) Following Lord Justice Jacksons report, the Ministry of Justice is

More information

Maintenance & Champerty JUDITH AYLING KATHARINE SCOTT

Maintenance & Champerty JUDITH AYLING KATHARINE SCOTT Maintenance & Champerty JUDITH AYLING KATHARINE SCOTT May/June 2005 Maintenance & Champerty 1 Champerty is a variety of maintenance: (i) A person is guilty of maintenance if he supports litigation in which

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

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

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

A Guide To Claiming Compensation For Clinical Negligence

A Guide To Claiming Compensation For Clinical Negligence A Guide To Claiming Compensation For Clinical Negligence Introduction In order to bring a claim for Clinical Negligence, it is necessary to establish that the Doctor or Nurse involved in your medical treatment

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

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

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

Court procedures in a post reform world. Presented by Graham Reid 13 February 2014

Court procedures in a post reform world. Presented by Graham Reid 13 February 2014 Court procedures in a post reform world Presented by Graham Reid 13 February 2014 1 Background 2007 Civil Justice Advisory Group chaired by Lord Coulsfield Report Civil Justice: A Case for Reform Lord

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

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

FUNDING LITIGATION THE NEW MENU. by JEREMY MORGAN QC

FUNDING LITIGATION THE NEW MENU. by JEREMY MORGAN QC FUNDING LITIGATION THE NEW MENU by JEREMY MORGAN QC Solicitors duty to advise Common law duty of care SRA Code of Conduct Legal Ombudsman SRA Code of Conduct Principle 4 You must act in the best interests

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

The Litigation Advantage Scheme

The Litigation Advantage Scheme After the Event Insurance for Clinical Negligence The Litigation Advantage Scheme from Temple Legal Protection We have been using Temple as providers of ATE insurance since 2001. The Scheme has worked

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

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

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

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

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

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 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

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

Jackson reforms to civil litigation

Jackson reforms to civil litigation June 2013 Jackson reforms to civil litigation What do commercial parties really need to know? SPEED READ The bulk of the Jackson reforms to costs in English civil litigation were implemented on 1 April

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

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

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

More information

1.3 Analyse the roles of the key participants in a PI case

1.3 Analyse the roles of the key participants in a PI case Title Introductory Considerations for Personal Injury Lawyers Level 4 Credit value 8 Learning outcomes The learner will: Assessment criteria The learner can: Knowledge, understanding and skills 1 Understand

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

MOTOR INSURANCE LAW & PRACTICE COSTS AND FUNDING UPDATE KATHARINE SCOTT 39 ESSEX STREET

MOTOR INSURANCE LAW & PRACTICE COSTS AND FUNDING UPDATE KATHARINE SCOTT 39 ESSEX STREET MOTOR INSURANCE LAW & PRACTICE COSTS AND FUNDING UPDATE KATHARINE SCOTT 39 ESSEX STREET INTRODUCTION 1 This paper is concerned with the following issues: (i) (ii) (iii) (iv) (v) When it is appropriate

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

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

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

Pre-action Conduct of Litigation

Pre-action Conduct of Litigation Chapter 2: Pre-action Conduct of Litigation Outline 2.1 Introduction 2.2 Financing litigation 2.3 Pre-action protocols and the Practice- Direction on Pre-Action Conduct and Protocols 2.4 Protocols relevant

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

Pg. 01 French v Carter Lemon Camerons LLP

Pg. 01 French v Carter Lemon Camerons LLP Contents French v Carter Lemon Camerons LLP 1 Excelerate Technology Limited v Cumberbatch and Others 3 Downing v Peterborough and Stamford Hospitals NHS Foundation Trust 5 Yeo v Times Newspapers Limited

More information

Clinical negligence. Grounds

Clinical negligence. Grounds Clinical negligence Clinical negligence occurs when the care or treatment the Claimant received from a health service provider was below the standard that is expected. This test was established in the

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

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

Third Party Funding. Topics covered include: impact of the Jackson reforms on funding; conditional fee agreements; damages-based agreements;

Third Party Funding. Topics covered include: impact of the Jackson reforms on funding; conditional fee agreements; damages-based agreements; AUSTRALIA BELGIUM CHINA FRANCE GERMANY HONG KONG SAR INDONESIA (ASSOCIATED OFFICE) ITALY JAPAN PAPUA NEW GUINEA SAUDI ARABIA SINGAPORE SPAIN SWEDEN UNITED ARAB EMIRATES UNITED KINGDOM UNITED STATES OF

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

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

Setting Up Fee Charging Services

Setting Up Fee Charging Services Setting Up Fee Charging Services Client Care Letter: Template for work to be paid by fixed fee or hourly rate Dear [name of Client] RE:[subject] Thank you for instructing [name of Law Centre]. Purpose

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

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

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

INFORMATION FOR CLIENTS ON FUNDING OF DISPUTE RESOLUTION AND LITIGATION

INFORMATION FOR CLIENTS ON FUNDING OF DISPUTE RESOLUTION AND LITIGATION MFG SOLICITORS LLP INFORMATION FOR CLIENTS ON FUNDING OF DISPUTE RESOLUTION AND LITIGATION Cases which involve court proceedings are known as litigation. It is always difficult to estimate the likely costs

More information

4. In Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39 Lord Brown clarified:

4. In Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39 Lord Brown clarified: Third Party Costs Orders against Solicitors 1. This article discusses the rise in applications against solicitors for third party costs orders, where solicitors have acted on conditional fee agreements

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

making a road traffic accident claim

making a road traffic accident claim W E L C O M E P A C K making a road traffic accident claim T H A N K Y O U A N D W E L C O M E Thank you for instructing Colemans-ctts solicitors. We have been helping people claim compensation for over

More information

making a personal injury compensation claim

making a personal injury compensation claim W E L C O M E P A C K making a personal injury compensation claim T H A N K Y O U A N D W E L C O M E Thank you for instructing Colemans-ctts solicitors. We have been helping people claim compensation

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

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

DO NOT PASS GO DO NOT COLLECT $200 PERSONAL INJURY PLEADINGS IN ROAD TRAFFIC ACCIDENTS

DO NOT PASS GO DO NOT COLLECT $200 PERSONAL INJURY PLEADINGS IN ROAD TRAFFIC ACCIDENTS DO NOT PASS GO DO NOT COLLECT $200 PERSONAL INJURY PLEADINGS IN ROAD TRAFFIC ACCIDENTS BY: MR NADIM BASHIR NEW PARK COURT CHAMBERS LEEDS LSI 2SJ TEL: 0113 243 3277 1 1. Introduction If there was any doubt

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

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]. This model agreement is in the process of being amended to take make it fully compliant with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You should refer

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

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

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

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

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

Open, Calderbank and Part 36 offers considerations and tactics

Open, Calderbank and Part 36 offers considerations and tactics Open, Calderbank and Part 36 offers considerations and tactics PJ Kirby QC 1. Introduction 1.1 In detailed assessment proceedings there will, as in all disputes, be advantages in settling the matter in

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

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

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