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

Size: px
Start display at page:

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

Transcription

1 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 across the bows of the CFA. In their judgment in Pankhurst v White and MIB [2010] EWCA Civ 1445, they analysed the problem in claiming significant uplifts in cases where there is no risk, and they castigated the Claimant s solicitors fee arrangements as grotesque. Their reasoning should encourage us all to re-visit our approach to no win, no fee, no risk, huge uplift. The case is also interesting for the insight it gives into the litigation risks attached to running catastrophic injury claims. Although the appeal was theoretically about interest on costs, and on damages for future loss, the real interest lies in the wider issues of management of catastrophic injury litigation. The Claimant sustained catastrophic injuries when knocked off his bike. He obtained summary judgment on primary liability, and the allegation of contributory negligence against him was later tried and dismissed. However, after summary judgment was obtained, the Claimant s solicitors entered into a conditional fee agreement with him. That agreement provided for a success fee of 22 ½% if the action settled before trial, and 100% if the case went to trial. Success was defined as any recovery of damages. As primary liability had been admitted, there was bound to be recovery of damages, and so success was guaranteed, and therefore the Claimant s solicitors were bound to be paid their base costs in full. Lord Justice Jackson said: This makes a mockery of what is said to be the justification for the present conditional fee agreement regime. Before the issue of contributory negligence was tried, the Claimant s solicitors had made a Part 36 offer to accept 3.4 million (or a lesser capital sum plus periodical payments). Luckily for the Claimant, the MIB rejected that offer; the eventual valuation of the claim at trial, capitalised, was 6.1 million. Sadly for the Claimant, though, he had been offered 6.8 million not long before trial.

2 The trial judge was strongly critical of the claimant s decision to purchase a property, to demolish it and to rebuild a huge house on the site. This is another warning to claimants that all issues must be approached sensibly and reasonably. The problem in the Court of Appeal arose because each party had beaten the other side s Part 36 offer. The Claimant had recovered about 2.7 million more than his solicitors had offered to take before contributory negligence was sorted out (which makes one wonder about the offer); the MIB had offered about 700,000 more than the Claimant recovered at trial. It was agreed that the Claimant should pay the MIB s costs from the date of the expiry of their offer; effectively this meant that the Claimant paid the MIB s costs of the quantum trial. The judge decided that the Claimant should recover interest at 10% on special damages and at 4% on general damages. He refused to award interest on future losses. The claimant recovered indemnity costs from the date of his offer to the date of expiry of the defence offer, but not interest on costs. The effect of all this was that the Claimant s damages were increased by only 17,000, whereas the impact of the costs order against him was said to be a six figure sum. The Claimant s advisers appealed because they said that the judge should have awarded interest on future losses, and interest on costs. They submitted at the outset that there is an imbalance between the rewards which claimants and defendants receive for making effective Part 36 offers. However, when the Court of Appeal asked for further information about the costs and insurance position, they discovered that the Claimant would not have to pay any sum to the MIB, because the claimant had after-the-event insurance against defence costs, the premium for which would be paid by the MIB. The Court of Appeal therefore did not see the imbalance in the same way. The appeal against the judge s refusal to award interest on costs allowed the Court of Appeal to explore the costs aspect of the case. The costs schedule which the Claimant s solicitors provided to the Court of Appeal showed that their profit costs were 500,403 up to the defence offer, including a success fee of 106,668. In addition, the claimant s solicitors

3 expected to recover their disbursements for the same period, including counsel s fees and the after-the-event insurance premium. Counsel s fees and other disbursements for the quantum trial (ie the period for which the judge made an order for defence costs) would be paid by the after-the-event insurers, for which the MIB would pay the premium. The Claimant s solicitors profit costs for the quantum hearing amounted to 60,080, which could not be recovered from the MIB because the claimant had failed to beat the MIB s Part 36 offer. Lord Justice Jackson assumed that the Claimant s solicitors would not be paid their profit costs for the quantum trial by the claimant personally, because (a) the result was not a success and (b) the claimant s solicitors were already receiving a much larger sum by way of success fee for the earlier period. However, he was told that his assumption was incorrect, and that not only would that sum be deducted from the Claimant s damages, but also the Claimant s solicitors would charge their client a postponement fee of 10% of base costs (ie 35,810), which would also come out of the Claimant s damages. That revelation provoked him to say: I regret to say that I regard the arrangements made by the Claimant s solicitors in this case as grotesque. In addition to their base costs (i.e. their proper costs for conducting the litigation) they are extracting from MIB a success fee of some 100,000 for running a risk which simply did not exist. Then despite the fact that they were on a conditional fee agreement, and that the quantum trial was in any real sense a failure (the claimant lost on the main issues and failed to beat the defendant s Part 36 offer), the solicitors require payment of a further 100,000, which must come out of the client s damages.. Counsel also submits (and I shall assume) that the claimant s solicitors were complying with the practice of other personal injury solicitors in the arrangements which they made for their own remuneration.. I adhere to the view that collectively the arrangements described in the preceding paragraphs are grotesque and that this factor is highly relevant when one comes to consider the claim for interest on costs.. The Chancellor of the High Court, Sir Andrew Morritt, added: In addition to his criticism of the solicitors I regard the situation, as described by Jackson LJ, as a criticism of the system for which Part 36, CFAs and ATE provides. That such a system increases the costs involved is obvious.. And where else. may an investor (or punter) obtain a short term, risk-free, return of between 22.5% and 100% of his investment (or stake)? The facts of

4 this case appear to show that access to justice for one party may well lead to a substantial denial of justice to the other. CONCLUSIONS 1 This case should sound warning bells for all catastrophic injury lawyers. 2 Early offers to settle by claimants are always fraught with difficulty. I am frequently asked whether we should make an early offer, and I tend to feel that the risks are too great. This case is a perfect example. The early offer was 2.7 million below what the Claimant genuinely needed (assuming that the judge was correct in his decision). If the MIB had accepted, the Claimant would have run out of money shortly after half way through his remaining life. 3 Refusing defence offers can carry a significant risk. By refusing the offer of 6.8 million, the Claimant (on advice?) lost 700,000 (11.5%). The ATE insurers lost a six figure sum. The Claimant also, apparently, lost the further sum of 100,000 to be paid to his solicitors, on top of the success fee paid to them by the MIB (and in addition to their base costs). 4 Trial judges are difficult to predict, and are generally best avoided, unless they are specialists with an established track record. 5 Grand accommodation plans are unlikely to be looked on with favour. 6 Appeals are notoriously tricky. 7 Were both sides losers? The Claimant lost 800,000, but it cost the Defendant, depending which way you look at it, either about 3.5 million (not accepting the Claimant s offer, and costs and disbursements awarded against them), or half a million as the Claimant s costs of the action. The winners? Well, that depends on how you look at it. 8 Would ADR have improved the result? Surely a good mediator would have worked out early on that the Claimant s solicitors position on costs was not quite as straightforward as was first presented to the Court of Appeal, and would have urged them to re-think their

5 position. In my experience, the gap between 6.1 and 6.8 million is often easily bridged; after all, presumably 6.1 was about the worst result which the Claimant s advisers could have foreseen, so one can easily see compromise somewhere between the two figures.

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

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

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

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

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

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

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

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 2nd July 2014 Issue: 025 Part 36 As can be seen from the case of Supergroup Plc v Justenough Software Corp Inc [Lawtel 30/06/2014] Part 36 is still the subject of varying interpretations.

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

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

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

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 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

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

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

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

Hickman v Lapthorn [2006] ADR.L.R. 01/17

Hickman v Lapthorn [2006] ADR.L.R. 01/17 JUDGMENT : The Hon. Mr. Justice Jack : QBD. 17 th January 2006 1. This was a claim against solicitors and counsel for negligence in advising the claimant to settle at too low a value his claim arising

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

JENNIFER LEE. Withdrawal of Pre- Action Admissions: Woodland v Stopford, PIBULJ (July 2011).

JENNIFER LEE. Withdrawal of Pre- Action Admissions: Woodland v Stopford, PIBULJ (July 2011). JENNIFER LEE Call Year: 2007 Practice Profile Jennifer represents both Claimants and Defendants in cases involving general commercial disputes, employment disputes, bankruptcy/winding up, landlord and

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

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

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

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

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

ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers

ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers INTRODUCTION Standards of occupational competence Standards of occupational competence are widely used in many fields

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

Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims

Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims You have received this information sheet as it is likely that your claim will proceed

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

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

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

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

This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully.

This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully. Conditional Fee Agreement - For use in personal injury cases, but not clinical negligence This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything

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

Hugh Price Legal Consulting

Hugh Price Legal Consulting CAN AFTER THE EVENT INSURANCE CONTINUE IN ITS PRESENT FORM? First published in The Insurance Times, 28 03 2008 Over the past few years ATE has settled down but with the MoJ proposals for the future of

More information

NEGLIGENT SETTLEMENT ADVICE. Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice.

NEGLIGENT SETTLEMENT ADVICE. Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice. NEGLIGENT SETTLEMENT ADVICE Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice. The standard of care owed by a solicitor to his client has been established for

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

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

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

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

Personal Injury /Clinical Negligence After-The-Event Insurance Proposal Form

Personal Injury /Clinical Negligence After-The-Event Insurance Proposal Form Personal Injury /Clinical Negligence After-The-Event Insurance Proposal Form Clients Details Client First Name Client Surname Litigation Friend Telephone Number Fax Number E-mail Date of Birth Is it likely

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

LIMITATION UPDATE. 1. Recently, the Courts have been looking at three areas of limitation law and

LIMITATION UPDATE. 1. Recently, the Courts have been looking at three areas of limitation law and LIMITATION UPDATE 1. Recently, the Courts have been looking at three areas of limitation law and practice. One is when it is permissible to introduce a new claim in pending proceedings after the limitation

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

Wooldridge v Hayes [2005] ADR.L.R. 02/10

Wooldridge v Hayes [2005] ADR.L.R. 02/10 JUDGMENT : Master OʹHare, Costs Judge Supreme Court 1. In this case the Claimant suffered severe head injuries in a road accident which occurred in January 1998. Because of her injuries she is now a patient

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

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

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

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

FIXED COSTS PART 45. Contents of this Part

FIXED COSTS PART 45. Contents of this Part FIXED COSTS PART 45 PART 45 Contents of this Part I FIXED COSTS Rule 45.1 Scope of this Section Rule 45.2 Amount of fixed commencement costs in a claim for the recovery of money or goods Rule 45.2A Amount

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

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

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

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

More information

IN THE HIGH COURT OF JUSTICE (SUPREME COURT COSTS OFFICE) Before: MASTER GORDON-SAKER B R I A N P R I E S T

IN THE HIGH COURT OF JUSTICE (SUPREME COURT COSTS OFFICE) Before: MASTER GORDON-SAKER B R I A N P R I E S T IN THE HIGH COURT OF JUSTICE (SUPREME COURT COSTS OFFICE) HQ07X02947. Supreme Court Costs Office, Clifford s Inn, Fetter Lane, London EC4A 1DQ. Monday, 13 th July 2009. Before: MASTER GORDON-SAKER B R

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

ARE WE DOING ENOUGH TO PROTECT PROTECTED PARTIES? LESSONS FOR PERSONAL INJURY LAWYERS FROM THE SUPREME COURT JUDGMENT IN DUNHILL V BURGIN

ARE WE DOING ENOUGH TO PROTECT PROTECTED PARTIES? LESSONS FOR PERSONAL INJURY LAWYERS FROM THE SUPREME COURT JUDGMENT IN DUNHILL V BURGIN ARE WE DOING ENOUGH TO PROTECT PROTECTED PARTIES? LESSONS FOR PERSONAL INJURY LAWYERS FROM THE SUPREME COURT JUDGMENT IN DUNHILL V BURGIN Introduction Policy arguments do not answer legal questions, said

More information

A CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE

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

More information

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

Clinical Negligence. Issue of proceedings through to Trial

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

More information

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

CASE TRACK LIMITS AND THE CLAIMS PROCESS FOR PERSONAL INJURY CLAIMS

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

More information

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

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

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants

More information

STUC response to the Review of Expenses and Funding in Civil Litigation in Scotland

STUC response to the Review of Expenses and Funding in Civil Litigation in Scotland STUC response to the Review of Expenses and Funding in Civil Litigation in Scotland Introduction As the representative body of Scotland s trade unions, STUC is keenly interested in ensuring that its affiliated

More information

A brief guide to professional negligence claims

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

More information

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

Julie Belt v Basildon & Thurock NHS Trust [2004] ADR L.R. 02/27

Julie Belt v Basildon & Thurock NHS Trust [2004] ADR L.R. 02/27 JUDGMENT : MRS JUSTICE COX: QBD. 27th February 2004 1. The appellant, Julie Belt (hereafter referred to as the claimant ), appeals from the order of His Honour Judge Yelton dated 30 October 2003, setting

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

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

Department for Business, Innovation and Skills Employment Tribunal rules: review by Mr Justice Underhill Response by Thompsons Solicitors

Department for Business, Innovation and Skills Employment Tribunal rules: review by Mr Justice Underhill Response by Thompsons Solicitors Department for Business, Innovation and Skills Employment Tribunal rules: review by Mr Justice Underhill Response by Thompsons Solicitors November 2012 About Thompsons Thompsons is the most experienced

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

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

STANDARD TERMS AND CONDITIONS FOR CLAIMANT EMPLOYMENT TRIBUNAL AND EMPLOYMENT APPEAL TRIBUNAL WORK TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT

STANDARD TERMS AND CONDITIONS FOR CLAIMANT EMPLOYMENT TRIBUNAL AND EMPLOYMENT APPEAL TRIBUNAL WORK TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT STANDARD TERMS AND CONDITIONS FOR CLAIMANT EMPLOYMENT TRIBUNAL AND EMPLOYMENT APPEAL TRIBUNAL WORK TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR CLAIMANT EMPLOYMENT

More information

Transport Accident Act Common Law Protocols 1 April 2005 (amended as from March 2010)

Transport Accident Act Common Law Protocols 1 April 2005 (amended as from March 2010) Transport Accident Act Common Law Protocols 1 April 2005 (amended as from March 2010) 1. INTRODUCTION 1.1 Consistent with its mission and vision statement, Client Service Charter and public commitment

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

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

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

B E F O R E: LORD JUSTICE LONGMORE LORD JUSTICE UNDERHILL LADY JUSTICE SHARP - - - - - - - MS SUSAN LOUISE COX. -v-

B E F O R E: LORD JUSTICE LONGMORE LORD JUSTICE UNDERHILL LADY JUSTICE SHARP - - - - - - - MS SUSAN LOUISE COX. -v- Neutral Citation Number: [2015] EWCA Civ 415 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM BRISTOL COUNTY COURT (HIS HONOUR JUDGE DENYER QC) A2/2014/0127 Royal Courts of Justice Strand London,

More information

ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators

ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators INTRODUCTION Standards of occupational competence Standards of occupational competence are widely used in many fields

More information

Practice and Procedure for Claimants and Defendants in Credit-Hire Cases. William Hibbert

Practice and Procedure for Claimants and Defendants in Credit-Hire Cases. William Hibbert Practice and Procedure for Claimants and Defendants in Credit-Hire Cases William Hibbert Adapting procedure to credit hire Credit hire cases are of course subject to the standard rules of practice and

More information

Guide to dispute resolution

Guide to dispute resolution Guide to dispute resolution Contents Introduction Terminology The aim of this guide Funding Our charges Estimates Expenses Conditional fee arrangements Contingency fee arrangements Insurance Steps prior

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

After the Event Insurance. for Personal Injury. Litigation Advantage. Legal expenses insurance experts www.temple-legal.co.uk

After the Event Insurance. for Personal Injury. Litigation Advantage. Legal expenses insurance experts www.temple-legal.co.uk After the Event Insurance for Personal Injury Litigation Advantage Legal expenses insurance experts www.temple-legal.co.uk w Temple Legal Protection As one of the country s leading underwriters of legal

More information