The High Court has rejected an argument that it would be a breach of the indemnity principle to make a payment on account of costs to claimants funded by a conditional fee agreement.
The new president of the Association of Personal Injury Lawyers has laid into the new ‘fundamentally dishonest’ test that came into force earlier this month, asking why defendants do not face the same sanction of having their case thrown out.
Lord Justice Jackson has been carrying out ‘research’ into the operation of costs budgeting in advance of a lecture next month, the Judicial Office has confirmed.
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Amidst the welter of 2013 reforms, the legitimisation of contingency fees stood out. For centuries we had been told that a lawyer could not run litigation in return for a cut of the damages recovered. This would invite corruption, as the representative would have an overwhelming temptation to do whatever was necessary to win. No more.