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Government delivers discount rate consultation and puts every issue in play

Liz Truss

The government today launched its promised consultation on how the discount rate should be set in the future, and has given just six weeks for responses. Among the questions is whether the rate should be set on the basis that claimants who opt for a lump sum over a periodical payments order should be assumed to be willing to take some risk.

March 30th, 2017

Supreme Court rejects narrow approach to LASPO transitional provisions on success fees and ATE

Lord Sumption

The Supreme Court has allowed the recovery of a pre-LASPO success fee and after-the-event premium where the conditional fee agreement and insurance had to be extended after 1 April 2013 to cover appeals, in a significant ruling on the Act’s transitional provisions

March 29th, 2017

Katie Hopkins “too late” to ask trial judge for permission to appeal libel ruling

Mr Justice Warby

A High Court judge has refused newspaper columnist Katie Hopkins permission to appeal against his high-profile ruling that she had to pay £24,000 in damages over two libellous tweets, saying she applied too late. He indicated that he would not have granted permission anyway.

March 29th, 2017


Proportionality – not just a matter for detailed assessment

Stack of documents and papers

Proportionality is one of the major issues that we find we are dealing with at the end of a matter, particularly in the small-to-medium-value claims. Why was it introduced? It was considered that the then existing system was not working and that a system needed to be put in place which would “promote access to justice at proportionate cost”. In 2009, Court of Appeal judge Sir Anthony May said: “Assessments which have to concentrate retrospectively on what the winning party has spent will always risk producing a disproportionate result.”

March 29th, 2017

Featured Associate

John M Hayes

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Featured Associate