No win no fee: our proposition after Jackson

Size: px
Start display at page:

Download "No win no fee: our proposition after Jackson"

Transcription

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

2 BLM spearheaded the use of conditional fee arrangements (CFAs) to assist insurers in recovering outlays in 1999 when it became legally possible. Since then, the regulatory regime has changed more than once and we are now ready to welcome the post-jackson era. We have designed a product which will continue to assist insurers in pursuing losses on a no win no fee basis and which is Jackson compliant. It is simply a question of tailoring a scheme to suit our client. Principal Jackson Reforms of relevance to recovery work Abolition of right to recover a success fee Abolition of right to recover an After The Event insurance premium Creation of Damages Based Agreements (DBAs), a sort of contingency fee Raising the small claims track from 5,000 to 10,000, so that costs cannot be recovered in a greater number of claims Some procedural rules directed towards increasing efficiency and penalizing slack litigation practices How CFAs work currently No win no fee is a simple premise. The solicitor investigates and pursues the case free of charge, and is only paid costs if the recovery claim is successful. The idea is that costs are paid by third parties so that a recovery scheme is self-financing. The solicitor receives an enhanced fee in a successful case (paid by the third party) which helps to pay the cost of investigating and pursuing other cases. From April 2013, the Jackson reforms will be implemented. It will no longer be possible to recover a success fee. Success fees can still be paid by clients, but they will have to be paid out of the proceeds of the money recovered in damages. It will also not be possible to recover any after the event insurance premium, should such insurance be arranged. Our response to the Jackson Reforms CFAs on an hourly rates basis It is not a problem that the success fee element of the costs cannot be recovered. Our response would be to agree with clients a generous hourly rate and seek to recover it from the third party. The courts typically award hourly rates to successful claimants which are somewhat in excess of typical insurance rates, so it should still be possible for us to operate a successful recovery scheme on this basis, without any success fee element. Increase in Small Claims Track The Jackson reforms will create a complication in relation to lower value claims. It is already impossible to recover costs other than very nominal sums where the sum claimed is less than 5,000. In April 2013, costs will no longer be recoverable for claims below 10,000 in value. The limit may rise to 15,000 later. The solution for small claims is to devise a very streamlined system for handling them following discussion about how you can manage information when claims are notified coupled with an understanding of the sort of claim you receive. A streamlined approach could also involve delegated authority to us to settle lower value claims. For example, vehicle impact recoveries can be managed in a straightforward, peremptory manner. We can still pursue these claims on a no win no fee basis by either agreeing a fixed fee (which is only paid when we are successful) or an hourly rate that can be capped at a certain percentage of the damages, say 25%. We also believe DBAs will be very useful for lower value recovery claims.

3 Damages based awards (DBAs) The Jackson reforms have introduced the concept of a Damages Based Award (DBA) which is broadly the same as a contingency fee arrangement i.e. the solicitor is paid a percentage of the sums recovered. The contingency payment must cover the solicitor s fee, advocacy and probably any payable VAT. BLM are willing to explore this option but would issue a health warning that the arrangement could operate to insurer s disadvantage in that a share of the damages could mean that insurers have to pay solicitors a significantly higher figure than the costs they recover. The indemnity principle will also apply to costs so if the solicitor s costs exceed the contingency fee, it will not be possible to recover any more than the contingency fee. Appendix 1 contains our worked examples of how different approaches can work. Examples 7 and 8 show extreme scenarios where a DBA may not work in insurer s or solicitor s interests. Costs will still be awardable for claims over 10,000 and we believe that for these claims operating a no win no fee scheme based on hourly rates will be a better solution and will be a better way of financing claims than providing solicitors with a share of the winnings. DBA s should however be useful for claims below 10,000 in value. Costs cannot be recovered in any event and a fixed percentage fee provides a simple approach to paying for the recovery which will be equitable where the solicitor is doing a range of work for that client as it will not matter if sometimes the solicitor is under-rewarded and sometimes over-rewarded. It will just be swings and roundabouts. Cathy Hawkins, partner Mark Benson, partner t: t: e: e:

4 Appendix 1 How the Jackson Reforms apply to recovery work Current arrangements for claims over 5,000 pursued on a no win no fee basis with success fee Currently, costs can be recovered for non-injury claims over 5,000. A success fee can also be recovered. It is therefore possible to work on a no win no fee basis securing relatively generous costs from the third party and financing other claims with the success fees recovered. Example 1 Insurer pursues 50,000 and recovers it. The solicitor s retainer is 150 per hour plus a success fee of 50%. If 100 hours are worked, the costs recovered will be 15,000 plus success fee of 7,500 equals 22,500. The costs recovered are paid by the third party and do not reduce the insurer s recovery. Current arrangements for claims below 5,000 pursued on a no win no fee basis Under the small claims track it is not possible to recover costs using either hourly rates or a fixed fee which becomes payable if the recovery is successful. As costs cannot be recovered, the costs element is borne by the insurer from its damages. Example 2 The insurer pursues 4,000 successfully. It agrees a fixed fee rate of 500 on a no win no fee basis or an hourly rate of 125 per hour. The solicitor does four hours work. The costs cannot be recovered on either basis. The insurer must pay the solicitor 500, but recoups 3,500 out of a recovery of 4,000. Post Jackson for CFAs with a success fee It is still possible for insurer and solicitor to agree a success fee but it cannot be recovered so any success fee paid will reduce the sum recovered. The following example is as per example 1, but without recovering the success fee. Example 3 The insurer pursues and recovers 50,000. It agrees a no win no fee arrangement whereby it pays its solicitor 150 per hour plus success fee of 50%. The solicitor works 100 hours and recovers 15,000 but the insurer cannot recover the 7,500 success fee from the third party. The insurer must pay the solicitor 7,500 on top of the base cost of 15,000 so it ultimately retains 42,500 of the 50,000 recovery. Post Jackson CFA hourly rates but no success fee This illustrates an alternative way of approaching no win no fee without a success fee. It is our recommendation on many occasions. There is no need to reach an agreement whereby a success fee is paid. The insurer and solicitor simply agree a no win no fee arrangement on relatively generous hourly rates which can nonetheless be recovered. There is a small snag in that in very low value cases the costs may not be wholly recoverable as the rates may not be wholly recoverable. Nonetheless, it is probably still a better position than the previous example. Example 4 The insurer successfully recovers 50,000 having agreed to pay its solicitor 225 per hour. The solicitor carries out 100 hours of work and recovers the full cost of 22,500. The insurer will retain its recovery of 50,000.

5 Note that if the court only allowed 200 per hour, there would be 25 x 100 shortfall i.e. 2,500. This is still better for the insurer than in example 3 where the shortfall is 7,500. Damages based awards (DBAs) Post Jackson From April 2013, the insurer and solicitor can agree that the solicitor is paid up to 50% of the damages if the claim is successful. Success is still a condition of payment so it is a no win no fee agreement. Payments to the solicitor probably cover its costs, counsel s fees and disbursements but not other expenses. Any costs recovered can be credited against insurer s liability to pay the contingency fee. The indemnity principle applies. Example 5 The insurer successfully pursues a claim for 50,000. It agrees to pay its solicitor a contingency fee of 25%. On success, it is liable to the solicitor for a contingency fee of 12,500. If the solicitor does 100 hours work at 150 per hour, the costs are 15,000 but the indemnity principal applies, so only 12,500 can be recovered. The figure recovered is enough to pay the contingency fee so the insurer is happy. The solicitor is somewhat unhappy because it has cost more to run the case than it will be paid. DBA example in a more extreme situation A DBA arrangement effectively fixes the solicitor s fees at a percentage of the recovery. This would be very attractive to the solicitor if the recovery is attained quickly, before it has done work that reflects the contingency fee. Take the following example: Example 6 The solicitor and insurer agree a 25% contingency and a 50,000 recovery is successfully pursued. If the solicitor has recovered the money very early on in the process and has, for example, only spent 1,000 in costs, the insurer is nonetheless liable for 12,500 and only gets a credit from the third party of 1,000 as only that sum is recoverable. The insurer has a liability to pay the sum of 11,500 more than the costs it can recover and only retains 39,000 of its recovery. DBA high value recovery The situations can be more extreme in high value cases. Example 7 The insurer and solicitor agree to pursue a claim for 1 million on a 25% contingency fee. The solicitor is successful at a very early stage. The costs recoverable are 20,000 but the insurer s liability to its solicitor is 250,000. The insurer bears a shortfall of 230,000. This is not great business for the insurer. A normal hourly rate arrangement without a success fee, as in example 4, would have been far better. Post Jackson extreme example in a high value claim This example illustrates the same point, if the case takes a long time to recover and perhaps goes to trial. Example 8 The solicitor and insurer agree to pursue a claim for 1m on a 25% contingency fee. The matter is complex and goes to the court door. The recoverable costs are 500,000 but

6 the insurer is only liable to its solicitor for 250,000 on the contingency basis. The full costs cannot be recovered because of the indemnity principle. The solicitor therefore suffers a substantial loss because it has had to fund a very high value case but will only be paid 250,000. The solicitor is pretty unhappy as he has run a successful case at a substantial loss. The insurer does not mind but wonders if its solicitors will go the extra mile next time to push for a really good recovery. The defendant breathes a sigh of relief. It has unjustifiably got away with half of its costs liability i.e. 250,000. It makes a mental note to be really difficult next time these insurers/solicitors pursue it and make an unrealistically low offer early on, knowing that the insurer s solicitors will have no incentive to fight for more, and might settle low. DBA small claims track In cases below 10,000 from April 2013, and later in the year below 15,000, costs cannot be recovered as these cases will be allocated to the small claims track. Insurers have a lot of these claims and might decide with the solicitor that they will all be run on a contingency fee, for example 25%. Example 9 The insurer and solicitor pursue a 10,000 claim successfully. The solicitors and insurers agree a 25% contingency fee. The solicitor is therefore paid 2,500. The insurer only gets 7,500 because it cannot recover costs. The solicitor may have done more or less work than the fee represents but if it is handling a lot of claims, the payments made should reach an equitable level and neither insurer nor solicitor will be put in the extreme situations of the previous examples. Conclusion 1. No win no fee without a success fee as in example 4 is probably the best arrangement both for insurer and solicitor as most of the costs are likely to be recovered and the solicitor s fees will not be at the expense of his clients recovery. 2. DBAs are a good option for lower value recoveries (below 15,000) where costs are not recoverable. While a contingency fee of 25% may not always be reflective of the work done, it will not provide an unreasonable result overall when the solicitor handles a range of recovery work, and will provide an element of certainty. 3. It is hard to judge the right contingency fee for higher value DBAs and there is room for either insurer and solicitors coming unstuck with the defendant able to take advantage of the situation. 4. The reforms increase the small claims track limit will make it impossible to recover costs for many more (attritional) claims. It will be ever more important that claims are managed between insurers and solicitors in an efficient and skilled manner.

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

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

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

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 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

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 eagerly awaited preliminary report on civil costs by Lord Justice Jackson was published on 8 May.

The eagerly awaited preliminary report on civil costs by Lord Justice Jackson was published on 8 May. June 2009 The eagerly awaited preliminary report on civil costs by Lord Justice Jackson was published on 8 May. In a month understandably dominated by Jackson, another key development very nearly slipped

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 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

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

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

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 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

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

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

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

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

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

More information

The 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

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

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

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

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

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

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

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

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

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

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

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

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

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

GADSBY WICKS SOLICITORS FUNDING THE CLAIM

GADSBY WICKS SOLICITORS FUNDING THE CLAIM FUNDING THE CLAIM This is an important issue because we know that many people are understandably very worried about incurring legal costs. But there is no need to worry about costs. Because of changes

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

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

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

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

The Changing Face Litigation Funding. What it means for Insurers. A lecture by Matthew Clark and Nick Curling

The Changing Face Litigation Funding. What it means for Insurers. A lecture by Matthew Clark and Nick Curling Elborne Mitchell www.elbornes.com The Changing Face Litigation Funding What it means for Insurers A lecture by Matthew Clark and Nick Curling These notes are derived from a talk by Matthew Clark and Nick

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

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

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

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

More information

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

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 Fixed Recoverable Costs Proposals Necessary or Not?

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

More information

Guide to compensation claims against the police

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

More information

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

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

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

More information

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

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

PERSONAL INJURY COMPENSATION CLAIM GUIDE

PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation

More information

Guide to Legal Costs the mystery explained

Guide to Legal Costs the mystery explained Guide to Legal Costs the mystery explained Let s be honest - No-one really wants to go and see a Solicitor. Like the emergency services, we are only welcome when things have gone wrong or in other cases

More information

Consultation Response

Consultation Response Consultation Response Expenses and Funding of Civil Litigation Bill Motor Accident Solicitors Society April 2015 1 Introduction This response is prepared on behalf of the Motor Accident Solicitors Society

More information

Guide to the Debt Recovery Process

Guide to the Debt Recovery Process Guide to the Debt Recovery Process How it works, and what we The debt recovery process can seem confusing and daunting. We aim to simplify it as much as we can, and to make clear from the outset what we

More information

HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS

HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS June 2007 The Association of Personal Injury Lawyers

More information

Consultation Document Alternative Methods of Funding Money Damages Claims

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

More information

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

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

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

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

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

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

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

CONSULTATION QUESTIONS

CONSULTATION QUESTIONS CONSULTATION QUESTIONS CHAPTER 1: PROPOSALS ARISING FROM SHERIFF PRINCIPAL TAYLOR S REVIEW A. SPECULATIVE FEE AGREEMENTS 1. Do you think that a lack of cap on speculative fee agreements prevents potential

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

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

NOTES on Funding Your Claim

NOTES on Funding Your Claim NOTES on Funding Your Claim Funding is important because with some forms of funding you might be required to pay costs (either to us or to the defendant). As such, we set out the options. For the reasons

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

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

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

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

WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS. B. Industrial Revolution and Workers Compensation Statutes

WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS. B. Industrial Revolution and Workers Compensation Statutes I. HISTORICAL BACKGROUND A. Common Law WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS Before the advent of workers compensation statutes, the only protection afforded to victims of work place

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

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

Expenses and Funding of Civil Litigation Bill Consultation Response by GCC

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

More information

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

Frequently asked. questions. Low Value Personal Injury Claims in Road Traffic Accidents. Stage 2. Medical Reports

Frequently asked. questions. Low Value Personal Injury Claims in Road Traffic Accidents. Stage 2. Medical Reports Frequently asked questions Low Value Personal Injury Claims in Road Traffic Accidents Stage 2 Medical Reports Q35. Can insurers question the medical report? A35. The defendant/insurer cannot question the

More information

MAKING A PERSONAL INJURIES CLAIM*

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

More information

Damages-Based Agreements Regulations 2013

Damages-Based Agreements Regulations 2013 Damages-Based Agreements Regulations 2013 Damages-Based Agreements Regulations 201317th Report from the Joint Committee on Statutory Instruments. 3.48 pm Considered in Grand Committee Moved By Lord McNally

More information

CONTINGENCY FEE RETAINER AGREEMENT. This contingency fee retainer agreement is. Tel: 905 850 2642 Fax: 905 850 8544 Toll Free: 1-866-850 2642.

CONTINGENCY FEE RETAINER AGREEMENT. This contingency fee retainer agreement is. Tel: 905 850 2642 Fax: 905 850 8544 Toll Free: 1-866-850 2642. CONTINGENCY FEE RETAINER AGREEMENT This contingency fee retainer agreement is B E T W E E N : POTESTIO LAW FIRM 401 Bay Street, Suite 1400 Toronto ON M5H 2Y4 Tel: 905 850 2642 Fax: 905 850 8544 Toll Free:

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