The defendant costs specialists

CCFAs

Retrospective revocation – Revisited

By on Mar 13, 2012 | 3 comments

The proposed amendment to the Legal Aid, Sentencing and Punishment of Offenders Bill that I discussed yesterday has been causing no end of fuss (understandably) with at least one expert commentator advising against signing a client up to a CFA until the Bill is in its final form. However, further analysis of the proposed amendment has led most commentators to come round to the view that, if implemented, it will not render success fees irrecoverable if a matter is not settled prior to April 2013 (see this analysis for the current line of thinking). It appears that the amendment is actually intended to catch CCFA claims once the implementation date is reached. In other words, the amendment is necessary to stop success fees in CCFA cases being recovered where work begins after April 2013. It will not be possible, under this amendment, to claim a success fee is recoverable simply because the original CCFA pre-dates April 2013. It does seem rather bizarre that it has only just been appreciated that CCFA cases might not have been caught by the Bill as originally drafted. (What else is being overlooked?) As to this amendment, as I mentioned yesterday, “this could have been worded considerably more clearly”. I think we can all agree on...

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51st Update to the CPR – 4

By on Apr 7, 2010 | 3 comments

More on the 51st Update to the Civil Procedure Rules. The changes came into force on 6 April 2010. The big changes relate to CPD 32.5 and the documents to be served with a bill where there is an additional liability.  These changes are to finally get the rules up to speed with the revocation of the Conditional Fee Agreement Regulations 2000 and Collective Conditional Fee Agreement Regulations 2000. These merit being recited in full: (b) where the conditional fee agreement was entered into before 1st November 2005, a statement of the reasons for the percentage increase given in accordance with regulation 3(1)(a) of the Conditional Fee Agreements Regulations 2000 or regulation 5(1)(c) of the Collective Conditional Fee Agreements Regulations 2000 [Both sets of regulations were revoked by the Conditional Fee Agreements (Revocation) Regulations 2005 but continue to have effect in relation to conditional fee agreements and collective conditional fee agreements entered into before 1st November 2005.]; (c) where the conditional fee agreement was entered into on or after 1st November 2005 (except in cases where the percentage increase is fixed by CPR Part 45, sections II to V), either a statement of the reasons for the percentage increase or a copy of the risk assessment prepared at the time that the conditional fee agreement was entered into; (d) if the conditional fee agreement is not disclosed (and the Court of Appeal has indicated that it should be the usual practice for a conditional fee agreement, redacted where appropriate, to be disclosed for the purpose of costs proceedings in which a success fee is claimed), a statement setting out the following information contained in the conditional fee agreement so as to enable the paying party and the court to determine the level of risk undertaken by the solicitor- (i) the definition of ‘win’ and, if applicable, ‘lose’; (ii) details of the receiving party’s liability to pay costs if that party wins or loses; and (iii) details of the receiving party’s liability to pay costs if that party fails to obtain a judgment more advantageous than a Part 36 offer. There are no doubt a number of claimant representatives who are struggling to understand the section in brackets that says:...

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