Civil litigation reforms Jackson one year on
|
|
- Myles Mason
- 8 years ago
- Views:
Transcription
1 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 be a new world order. We are now approaching the first anniversary of the implementation of the reforms and the question is, have we seen any benefit? To those who doubt the benefit of the reforms, Lord Justice Jackson commented in an article published by the Law Gazette that the process needs time to embed and that: litigation is a process, not an Eleusinian mystery. It is amenable to sensible budgeting and such budgeting is very much in the public interest. It takes time for costs management to bed in. Both practitioners and judges need to become comfortable with the process. Once this has happened, the overall effect will be to bring down the costs of litigation. Lord Justice Jackson also voiced his desire that fixed costs in the fast track were extended to non-personal injury cases as soon as practicable. The purpose of the reforms It was envisaged that the implementation of the reforms would create a quicker, simpler, and more proportionate system for the resolution of disputes resulting in a reduction in litigation costs and promoting access to justice.
2 The reforms The Jackson reforms were brought into force together with further reforms following the Ministry of Justice s (MoJ) Solving Disputes in the County Court consultation. The following reforms were brought into force: Reform Start date Success fees & ATE premiums no longer recoverable Conditional Fee Agreements (CFA) entered into on or after 1 from a losing defendant April 2013 Claimant can fund his claim via a CFA, paying a CFAs entered into on or after 1 April 2013 success fee to his lawyer Damages Based Agreements (DBAs) introduced as DBAs entered into on or after 1 April 2013 funding method for P.I. & commercial dispute claims Qualified One Way Cost Shifting (QOCS) in respect of Costs orders or liabilities arising on or after 1 April 2013 orders for costs made against a claimant in personal injury claims (subject to exceptions and transitional arrangements in respect of pre-april 2013 funding arrangements). To access our FAQ s in respect of QOCS, click here. 10% uplift on general damages (GDs) Settlements on or after 1 April 2013 save for cases with pre commencement funding arrangements i.e. before 1 April 2013 Part 36 claimant reward P36 offers made on or after 1 April 2013 Cost budgeting process Multi track cases commenced on or after 1 April 2013 Referral fee ban on personal injury cases No referral fees can be paid or received by a regulated entity on or after 1 April 2013 RTA PI Scheme : RTA Claims 1,000 10,000, Reduced fees payable on claim notification forms (CNF) reduced Stage 1 and 2 fixed fees submitted on or after 30 April 2013 RTA PI Scheme :extensions to cover RTA Claims For RTA claims, CNF submitted on or after 31 July For 10,000-25,000 (in addition to cases between casualty claims, accidents on or after 31 July 2013 and letter 1,000-10,000) and casualty claims 1,000 - of claim on or after 31 July for EL disease cases (some 25,000 exceptions) Fast track fixed fees to support extensions to low value Start triggers as for protocols above PI scheme. EL disease cases excepted. Small claims track limit increased to 10,000 for non Proceedings commenced on or after 1 April 2013 personal injury claims CPR 1 and 3.9 amended to reinforce the court s powers Proceedings coming before the court after 1 April 2013 to punish those that fail to comply with orders, judgments and practice directions
3 What s gone well? Whilst smaller firms have closed or pulled out of the personal injury market altogether, there has been a significant consolidation within the claimant market, seeing operational costs reduced and business models adapted to reflect the decrease in recoverable costs. Despite this consolidation, we have not seen an effect on access to justice. There has been an increase in the number of companies successfully applying for ABS licenses. DBAs are few and far between and something to be on the look out for, although this could be due to the confusion around whether or not you can have a DBA and a hybrid agreement. Costs have decreased in new world cases. The switch in recoverability of success fees and ATE premiums from defendants has seen a significant reduction in the costs being paid by insurers. One other positive step is that this has removed the 100% success fee that a claimant would have been entitled to claim in the event that a case proceeds to trial. Defendants may well allow more claims to run to trial, giving them greater access to justice than in the old regime. Claims continue to be successfully run through the portal, with the larger firms seemingly motivated to settle claims more quickly. What hasn t gone so well? In January, February, March, and April 2013 (the months leading up to the implementation of these reforms) the portal saw a significant increase in the volume of new CNFs being put onto the portal. There was an increase of 15.47% as opposed to the same period in 2012, an increase of 50,135 new CNFs. The level of general damages has increased as a result of the 10% uplift and the September 2013 increase in the JC Guidelines. According to portal data, the average general damages in RTA claims for the period May 2013 to January 2014 increased to 2,296.66, compared to an average of 2, for the same period a year earlier, an increase of 12.61%. The ban on referral fees being paid or received by regulated entities has merely seen a change in practice by those regulated entities. There is evidence of new and unique ways of circumventing the ban being employed by claims management companies (CMCs) and claimant firms, such as an increase in the cost of medical report fees and by labeling referral fees as marketing and advertising fees. New larger one stop shop firms, such as Quindell and Slater and Gordon, have come onto the market to maximise savings in operational costs and increase referral into the law part of those firms. We are seeing law firms with their own credit hire arm, their own credit repair network, their own medical reporting agencies and even their own treatment providers. Is this really providing service to the injured claimants or is it maximising the money the firm can make from their client? Are these claims really run with the client s best interests at heart? Special damage claims are being claimed to boost the level of damages recovered by the claimant. Claims for rehabilitation and psychiatric referrals are increasing, not always with justification. This is being looked at by the Transport Select Committee as this can add hundreds, if not thousands, of pounds to a claim and provide claimant firms with a lucrative source of income.
4 There are various models within the Before The Event insurance market applying quasi-dba s which, instead of claiming a percentage of damages as costs, apply a policy excess which is limited to a percentage of the claimant s damages. We still expect to see competition in this market and it may well be that, as time marches on, these percentage deductions are negotiated away. Anecdotally, the move away from the recoverability of success fees and ATE premiums from defendants has seen claimant solicitors seeking higher damages to try to help their clients to mitigate the impact of their success fees which are now being paid out of the claimant s damages. Whilst costs are decreasing in the new world, costs on old world claims are increasing as firms look to maximise their recovery. QOCS has resulted in an increase in speculative claims as there is no penalty for a claimant simply having a go to see if a settlement is possible. There is also evidence of CMC s trawling old referrals and presenting claims which may at one time been assessed to have no reasonable prospects of success, as there is no risk now in them chancing a claim (on the basis of no pre-commencement funding). QOCS is also fuelling a rise in litigation as the risks of running a claim to trial are significantly reduced for claimants. However, in the portal, stage 3 litigation has increased month on month since the implementation of the reforms by 35.79% (May 2013 Jan 2014) when compared with the same period a year earlier, an increase of 5,138 claims reaching stage 3. There has been an increase in requests for pre-med offers to the insurance industry. We would urge caution when considering pre-med offers as there is a propensity for the claim to be bogus or inflated due to the speed of settlement. The reforms were intended to curb CMC activity and to control claims spend and, to a certain extent, they have been successful. However, the market has seen an increase in CMCs and law firms diversifying their business models to acquire more lucrative types of case such as disease claims, particularly noise induced hearing loss (NIHL) claims, property claims, and even professional negligence claims against other lawyers (claims brought on the basis that previously settled claims were settled low and that the representing lawyer was negligent in putting their fees before the client s damages). Quindell have reported new business figures for Q1 of 2014 at 480 million and are advertising for 300 NIHL handlers. Will we see the cost savings of the reforms eroded by this sort of activity? The decisions of the Court of Appeal in the cases of Mr Andrew Mitchell MP v News Group Newspapers Limited [2013] EWCA and Durrant v Chief Constable of Avon & Somerset Constabulary [2013] EWCA demonstrate how the courts will interpret the amendments to CPR 1 and 3 and the robust, and perhaps harsh, stance that the courts are now expected to take against those parties failing to comply with orders, rules, and practice directions. It is therefore imperative that you work with your defence solicitor to ensure adherence to any relevant directions and other key dates as failure to comply could see your claim/defence struck out and costs awarded against you. What next? Although we have seen a lot of changes as a result of the reforms, it is too early to say with any great certainty where the changes will ultimately take us. There is clearly more work still to be done. Lord Justice Ramsey is applying a fail quickly test meaning that if a reform is going to fail, it needs to do so quickly so that it can be rectified.
5 There are also other reforms still to come: The credit hire portal and rules are still to be finalised although that looks likely to await the conclusion of the Competition Commission investigation into the private motor insurance market; The Competition Commission s review into the private motor insurance market continues with the Financial Conduct Authority (FCA) becoming increasingly involved; More information is awaited from the MoJ following its whiplash consultation and its view that there should be independent medical reporting panels; The government is still to decide upon its deferred decision in respect of the increase in the small claims track limit for personal injury claims, although we no longer expect a decision to be made in this parliament; The Civil Justice Council (CJC) Rules Committee is set to approve an amendment to the rules which will allow parties to agree simple time extensions of up to 28 days for compliance with certain requirements (such as serving witness statements). The amendment is seen as a way of reducing the pressure on courts due to the significant delays caused by an increase in the number of applications for extensions of time and relief from sanctions following the Court of Appeal decision in Mitchell. The amendment will apply to all civil litigation matters and is expected within the next few weeks. The CJC, at their conference on 21 March 2014, indicated that they would be reviewing the effectiveness of the reforms in 2016 which may lead to additional reforms being implemented. Lord Faulkner stated at the CJC conference on 21 March 2014 that he will be making an announcement shortly to clear up the confusion in relation to the DBA/hybrid agreement point. As we approach the anniversary of the implementation of the reforms it is a useful time to reflect whilst keeping an eye on our opponents. The ability to respond quickly to our opponents ever-changing tactics is key to successfully realising all of the benefits available. Ensure you agree a strategy with your defence solicitor to direct efforts and resource into defending appropriate cases. To stay up to date with developments, please visit To discuss any tactics or difficulties you are facing, please contact us. We can help facilitate real and valuable solutions to specific situations, or assist you in the formulation of your higher level strategies. You can your usual Weightmans contact or you can us at solvingdisputes@weightmans.com Weightmans LLP March 2014 This update does not attempt to provide a full analysis of those matters with which it deals and is provided for general information purposes only. This update is not intended to constitute legal advice and should not be treated as a substitute for legal advice. Weightmans accepts no responsibility for any loss, which may arise from reliance on the information in this update. The copyright in this update is owned by Weightmans 2014 Data Protection Act Pursuant to the Data Protection Act 1998, your name may be retained on our marketing database. The database enables us to select contacts to receive a variety of marketing materials including our legal update service, newsletters and invites to seminars and events. It details your name, address, telephone, fax, , website, mailing requirements and other comments if any. Please ensure you update our marketing team with any changes. You have the right to correct any data that relates to you. You should contact James Holman, our Data Protection Officer in writing, at 100 Old Hall Street Liverpool L3 9QJ.
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 informationThe 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 informationBriefing 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 informationProposals 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 informationThe 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 informationwww.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 informationWelcome: 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 informationKey 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 informationGUIDE 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 informationTHE 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 informationQBE 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 informationCIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT
Introduction CIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT Submission by the Motor Accident Solicitors Society (MASS) March 2014 1. This response is prepared on behalf
More informationThe 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 informationLASPO. 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 informationThe 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 informationA 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 informationLow value personal injury
Low value ersonal injury i claims: Extended ortal rules key facts The 65 th udate to the Civil Procedure Rules comes into force on 31 July 2013. Full details of the changes can be found below but the major
More informationT&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 informationCivil 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 informationCONDITIONAL 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 informationEXPLANATORY 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 informationCosts 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 informationImplementation 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 informationConditional 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 informationREPORT 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 informationNick Pargeter Partner, BLM
Impact of Civil Justice reforms on disease claims Nick Pargeter Partner, BLM construction & property corporate risks healthcare insurance & indemnity leisure public sector retail technology, media & telecoms
More informationUK: 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 informationHow To Change The Law In Germany
Community Housing Cymru update Leon Lloyd Hugh James 6 November 2013 New EL/PL claims procedure From 1 August 2013 Fast track claims EL/PL claims between 10k and 25k issued pre-1 April 2013 handled outside
More informationCovering Disease costs NIHL and pre-action disclosure date. Part 36 offers in multi-defendant cases and quantum in mesothelioma claims
This is the first of our revamped monthly updates with its focus on disease issues. The aim is to provide a quick snapshot of topical issues and recent cases for the busy Disease Practitioner. We always
More informationCivil 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 informationClient 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 informationJackson 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 informationImplementing Jackson: reform of 'no win, no fee' claims & related changes - 6 th November 2012
Implementing Jackson: reform of 'no win, no fee' claims & related changes - 6 th November 2012 Alistair Kinley Partner & Head of Policy Development t: 020 7865 3350 e: alistair.kinley@blm-law.com construction
More informationIntroduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment
Introduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment Introduction This Equality Impact Assessment (EIA) relates to amendments to the Legal Aid, Sentencing
More informationPersonal 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 informationBC Legal Update. Extending the RTA Portal to Disease claims. May 2013. 1. Introduction
Extending the RTA Portal to Disease claims May 2013 1. Introduction In July 2013 the existing RTA PI protocol will be extended to EL and PL claims. In addition, the value of claims captured by the protocol
More informationCFAs & 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 informationConsultation Document. Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000
Consultation Document Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000 Response from: British Vehicle Rental and Leasing Association River Lodge Badminton
More informationThe Lifecycle of a Personal Injury Claim. By Andrew Mckie (Barrister at Law) Clerksroom July 2012. Telephone 0845 083 3000 or go to www.clerksroom.
1 1. Introduction The Lifecycle of a Personal Injury Claim By Andrew Mckie (Barrister at Law) Clerksroom July 2012 The aim of the presentation is to look at the basic steps from the taking instructions
More informationKeoghs LLP response to the Legal Services Board consultation: Referral fees, referral arrangements and fee sharing.
Introduction: response to the Legal Services Board consultation: Referral fees, referral arrangements and fee sharing. Keoghs is the only top 100 law firm to focus exclusively on the insurance sector and
More informationJackson, 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 informationEXTENSION OF THE RTA PI SCHEME: PROPOSALS ON FIXED RECOVERABLE COSTS RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES
EXTENSION OF THE RTA PI SCHEME: PROPOSALS ON FIXED RECOVERABLE COSTS RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES 4 th January 2013 INDEX 1 INTRODUCTION Page No. A Background 1 B Referral fees 2 C
More informationQBE 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 informationClaims 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 informationCivil Justice Council submissions Jackson, one year on
Civil Justice Council submissions Jackson, one year on 1. Introduction 1.1 Weightmans LLP is a top 40 law firm with 1,400 employees with one of the largest national defendant litigation solicitor practices
More informationContents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Pre-action Conduct of Litigation
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles 1.1 Introduction 1.1.1 Overview of civil litigation process 1.2 Introduction to the civil courts 1.2.1
More informationCLAIMSadvisor. 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 informationThe 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 informationCIVIL JUSTICE ANNUAL REVIEW
LEGAL AFFAIRS AND POLICY BOARD 28 th April 2015 Item 5.5 Classification - Public Purpose For Information CIVIL JUSTICE ANNUAL REVIEW The Issues The attached paper sets out the major areas of work undertaken
More informationINFORMATION GATHERING EXERCISE QUESTIONNAIRE
ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil
More informationReport 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 informationLEGAL 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 informationLegal Watch What s on the horizon
Legal Watch What s on the horizon January 2014 Introduction Welcome to the first joint Plexus/Greenwoods review of what the next quarter holds for those involved in personal injury claims. In This Issue:
More informationAPIL/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 informationInformation 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 informationLord 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 informationAn Update on the Ministry of Justice Reforms to Personal Injury Procedures
An Update on the Ministry of Justice Reforms to Personal Injury Procedures In terms of scale, the changes to the claims process for personal injury claims that interested parties have been expecting since
More informationBriefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill
Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Kennedys advocates the repeal of Amendments 132AA and 132AB added to the Legal Aid, Sentencing
More informationMOJ 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 informationShort 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 information1.2 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 informationTrack Limits and Personal Injury Claims Process Department Of Constitutional Affairs Consultation
Track Limits and Personal Injury Claims Process Department Of Constitutional Affairs Consultation With effect from 20 April 2007, the Department of Constitutional Affairs has entered into a period of consultation
More informationCivil Justice Council response to Insurance Task Force interim report. May 2015
Civil Justice Council response to Insurance Task Force interim report May 2015 The CJC welcomes an initiative to combat insurance fraud, which is not always easy to detect, but is a crime, and does lead
More informationWhiplash: A political rather than a medical diagnosis?
Whiplash: a political rather than a medical diagnosis?,, Temple The Government believes that there is a major problem with false whiplash claims and over the last two years has consulted upon and introduced
More informationImpact Assessment (IA)
Title: Reducing the number and costs of personal injury claims IA No: MoJ 163 Lead department or agency: Ministry of Justice Other departments or agencies: Department of Health Impact Assessment (IA) Date:
More informationSummary of the Personal Injury and Clinical Negligence Claims Market in England and Wales July 2015
Summary of the Personal Injury and Clinical Negligence Claims Market in England and Wales July 2015 Abstract: In this annual summary of the state of the Personal Injury and Clinical Negligence Claims Market
More informationMajor 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 informationWho 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 informationT&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN JUNE 2013
T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN JUNE 2013 2013 JACKSON REFORM UPDATE PART TWO Since our February 2013 Jackson Reforms update, we have seen the claimant lobby s Judicial Review proceedings
More informationCIVIL JUSTICE COUNCIL (CJC) RESPONSE REDUCING THE NUMBER & COSTS OF WHIPLASH CLAIMS
CIVIL JUSTICE COUNCIL (CJC) RESPONSE REDUCING THE NUMBER & COSTS OF WHIPLASH CLAIMS General The CJC welcomes the opportunity to respond to this consultation. It further welcomes the intention to improve
More informationBar Council and the Personal Injuries Bar Association response to the Extension of the RTA Portal PA Scheme consultation paper
Bar Council and the Personal Injuries Bar Association response to the Extension of the RTA Portal PA Scheme consultation paper 1. This is the response of the General Council of the Bar of England and Wales
More informationReducing the number and cost of whiplash claims
mnn Reducing the number and cost of whiplash claims A consultation on arrangements concerning whiplash injuries in England and Wales Introduction: Weightmans is a major law firm with a large defendant
More informationThe industry is delivering on its commitment to pass on savings to customers
TRANSPORT SELECT COMMITTEE INQUIRY COST OF MOTOR INSURANCE: WHIPLASH Evidence from the Association of British Insurers The Association of British Insurers (ABI) is the voice of the insurance and investment
More informationWhether 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 informationSolving disputes in the county courts: creating a simpler, quicker and more proportionate system
Solving disputes in the county courts: creating a simpler, quicker and more proportionate system Questionnaire We welcome responses to the following questions set out in the consultation paper. We would
More informationFIXED 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 informationExpert evidence. A guide for expert witnesses and their clients (Second edition)
Expert evidence A guide for expert witnesses and their clients (Second edition) Addendum, June 2009 1. Introduction 1.1 The second edition of this Guide was published in October 2003, in order to set out
More informationClinical 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 informationFEDINAS & OTHERS vs FAYAQ & OCTAGON INSURANCE (18.6.2015) DJ Shepherd, Leeds County Court.
FEDINAS & OTHERS vs FAYAQ & OCTAGON INSURANCE (18.6.2015) DJ Shepherd, Leeds County Court. Introduction 1. One might have thought with the intense scrutiny that has been brought to bear upon the proportionality
More informationThere 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 information29 November 2013 Edition 27 BC DISEASE NEWS A WEEKLY DISEASE UPDATE
29 November 2013 Edition 27 BC DISEASE NEWS A WEEKLY DISEASE UPDATE CONTENTS PAGE 2 Welcome PAGE 3 Strict approach to the EL/PL Protocol expected APIL president predicts catastrophic failures Date set
More informationAgenda. What Next For Noise Induced Hearing Loss Claims? Recent experience. The future for NIHL claims. Brian Gravelsons Gary Brankin 05/10/2015
What Next For Noise Induced Hearing Loss Claims? Brian Gravelsons Gary Brankin 05 October 2015 alette for PowerPoint colour tions palette ark blue 17 G52 B88 old 217 G171 B22 id blue 64 G150 B184 ight
More informationPankhurst 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 informationMOJ Portal The Key to Success
MOJ Portal The Key to Success Challenges Practicalities Opportunities The new MOJ reforms and extended EL/PL and RTA Portals (and fixed fees) have been implemented to a chorus of outrage and dismay by
More informationHow To Amend The Civil Procedure Rules
EXPLANATORY MEMORANDUM TO THE CIVIL PROCEDURE (AMENDMENT No.8) RULES 2014 2014 No. 3299 (L. 36) 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament
More informationAdvice 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 informationLord 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 informationYes No No Preference. To help provide context, we can share our experiences in other jurisdictions which have moved to more advanced models.
ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil
More informationProposed Extension of the RTA scheme to include employers and public liability claims up to 25,000: AJAG response
Proposed Extension of the RTA scheme to include employers and public liability claims up to 25,000: AJAG response By way of preamble, AJAG is concerned about the overall consultation process. Whist we
More informationConditional 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 informationL.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 informationTechnical claims brief. Monthly update February 2013
Technical claims brief Monthly update February 2013 Contents News 1 Ministry of Justice Claims Portal Extension put back 1 Solicitors Regulatory Authority stands by April 1 2013 implementation of referral
More informationChallenges 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 informationPreamble HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL 05/04/2013
HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Colin Richmond 11/04/2013 www.zenithchambers.co.uk
More informationProposals 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 informationConditional 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 informationYour Guide to Pursuing a Personal Injury Claim
Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose
More informationResponse 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 informationCASE 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 informationCHANGES AND EXTENSION TO THE PORTAL PROPOSED OR OTHERWISE
CHANGES AND EXTENSION TO THE PORTAL PROPOSED OR OTHERWISE By Chris Rafferty & Colin Richmond INTRODUCTION The reforms of the RTA Portal Scheme have been relatively few to date, but are nevertheless worthy
More information