Three cheers for the National Accident Helpline. Those probably aren’t words you expected to read on the defendant friendly Legal Costs Blog, but credit where credits due. The National Accident Helpline (NAH) in their desperate lobbying to save their business model, as part of the consultation process into implementation of the Jackson Report, commissioned independent […]
The 100% succcess fee myth Read More »
Earlier this year I successfully argued that a CFA was unenforceable and the solicitors’ costs were therefore disallowed. The challenge was on the basis of the, now revoked, Conditional Fee Agreement Regulations 2000, in that the solicitors had failed to advise the client of the interest they had in recommending a particular ATE insurance policy.
Successful National Accident Helpline challenge Read More »
I recently received, from a well-known firm of claimant lawyers, a set of Replies. In support of the Replies and the refusal to disclose the conditional fee agreements was a statement from the managing partner of the firm. This explanation included the following: “Defendants’ request for early disclosure of our CFAs is made in an
The Law Society Gazette recently had an advice section on CFA precedents for CFAs with counsel which stated: “APIL/PIBA 6 was drafted specifically with PI and clinical negligence proceedings in mind where the solicitor is also working under terms with his client (on the Law Society model agreement). It is an industry-wide agreement and there
We looked the other day at the problems that might arise post-Jackson trying to instruct counsel to act under a CFA if there is a 25% damages based cap on the success fee that must be split between the solicitors and counsel. This might create a market for ATE premiums to cover own counsels’ fees
Success fee cap plus uncapped ATE? Read More »
We looked the other day at whether VAT will be included or excluded from the 25% cap on damages that will apply to success fees. Looking again at the proposed changes to the Courts and Legal Services Act 1990, the Legal Aid, Sentencing and Punishment of Offenders Bill says: “The additional conditions are that— (a)
Success fee cap – What about counsel? Read More »
I am grateful to Kerry Underwood for highlighting one unresolved aspect of Jackson implementation. Lord Justice Jackson recommended that, with an end to recoverability of success fees from paying parties, in personal injury cases there should a cap on the amount of damages that may be taken as a success fee from the client. He
Success fee cap – plus VAT? Read More »
The muddled thinking coming from the anti-Jackson movement continues, as charmingly shown by Nigel Muers-Raby, Chairman of the Consumer Justice Alliance (Law Society Gazette, letters, 26 May). His letter begins: “Your recent article reporting on the increased number of medical negligence claims in 2010 is interesting, but the Medical Defence Union reaches a highly speculative
No win, no fee, no logic Read More »
The inconsistent arguments being put forward by the anti-Jackson lobby continue unabated. Access to Justice Group co-ordinator Andrew Dismore was recently reported as saying: “The government must think again and not give in to the special pleading of the fat cat multinational insurance companies, who are the sole beneficiaries of their plans. They will save
Qualified one-way costs shifting Read More »
When considering the issue of what hourly rates to allow, in the preliminary issues judgment in Motto & Ors v Trafigura Ltd & Anor [2011] EWHC 90201 (Costs) (15 February 2011), amongst the relevant factors identified by Master Hurst was: “I have no doubt in this case that Mr Day has taken responsibility for this
Hourly rate or success fee? Read More »
