ATE/CFA

Supreme Court backs pre-LASPO recoverability of success fees and ATE premiums

Inaugural Harbour Litigation Funding Annual Lecture - 8 May 2013

The Supreme Court has ruled against three leading newspaper groups over having to pay claimants’ success fees and after-the-event insurance under the pre-LASPO regime, saying that the media’s rights under the European Convention on Human Rights were not engaged as critically as the rights of those suing them.

April 11th, 2017

Competition tribunal rejects bid to throw out first opt-out class action application

Mr Justice Roth

The Competition Appeal Tribunal has rejected strenuous attempts to dismiss the first application to certify an opt-out class action under the new collective proceedings procedure. The tribunal said the fact that the impetus for the action came from the claimant’s solicitors was not objectionable

April 5th, 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

Burford unveils sharp increase in profits but warns over lack of ATE for big cases

Chris Bogart colour

Litigation funder Burford Capital has announced a 75% increase in net profits for 2016, taking the figure to $115m (£95m), while warning the government that the Jackson reforms had made it impossible to provide after-the-event (ATE) insurance for “large and complex” commercial cases.

March 14th, 2017

ATE insurer escapes £320,000 costs liability because of policy breaches

insurance policy - claim rejected

An after-the-event insurer has escaped liability to pay out £320,000 after the High Court found that its insured had breached four conditions precedent in the policy relating to claims co-operation, information provision and associated clauses.

March 7th, 2017

CFA of claimant signed up in pre-LASPO rush ruled unenforceable

2013 year calendar. April. Isolated 3D image

A law firm which was instructed in the run-up to LASPO coming into force failed to take any substantive steps in the case before 1 April 2013 and as a result their conditional fee agreement fell foul of the Act’s transitional provisions and was unenforceable, a district judge has ruled.

March 3rd, 2017

Costs judge issues strong proportionality warning over need to plan cases

cutting costs

A costs judge has emphasised the need for solicitors to plan their litigation so as to ensure that their costs are proportionate, after slashing a £72,000 bill for a low-value clinical negligence case by two-thirds. He also added to the confusion over whether additional liabilities should be included when undertaking the proportionality test.

February 22nd, 2017

Whole of split bill, less additional liabilities, subject to proportionality test, rules regional costs judge

Judicial Roundtable

A court faced with a bill of costs that straddles the Jackson reforms should consider both the pre and post April 2013 costs when deciding whether it is proportionate, but ignore any additional liabilities, a regional costs judge has ruled.

February 20th, 2017

Costs judge says no: paparazzi lose bid to recover additional liabilities from TV star Walliams

David Walliams

A picture agency which sent photographers to David Walliams’ house when news of his divorce broke is not a news publisher and so cannot recover additional liabilities following the settlement of an action brought by the entertainer, the Senior Costs Judge has ruled.

February 3rd, 2017

Phone-hacking claimants fail in bid for relief from sanctions after late notifications of funding

ACL Roundtable

The Senior Costs Judge has refused to grant relief from sanctions to two claimants in the MGN phone hacking case – Nicola Horlick and Alan Yentob – who delayed in providing notice of funding. However, he ruled that rates higher than the guideline rates were reasonable.

November 10th, 2016

Blog

Fixed recoverable costs: unfair and wrong in principle?

Alex Bagnall

Are fixed recoverable costs inevitable? On 11 November 2016 it was announced that Jackson LJ was to consult on the extension of fixed recoverable costs. That announcement was clear: those involved were to “look at options to extend fixed recoverable costs much more widely”; and to “develop proposals for extending the present fixed recoverable costs regime”. It was said that “the momentum is heavily for reform” and that the purpose of the review was to provide “opportunity for comments and submissions on the form and scope that reform should take”.

April 18th, 2017

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