ATE/CFA

Appeal judges reject law firm’s claim for fees under insolvency CFA

rcj 3

The Court of Appeal has rejected a law firm’s claim to its legal fees in a battle with a liquidator over an conditional fee agreement. Lord Justice Hamblen said there was a “shared common understanding” that its fees would be paid from recoveries and the liquidator would not be personally liable for any shortfall.

August 8th, 2017

Court of Appeal: claimants cannot “blow hot and cold” with QOCS

RCJ portrait

Claimants cannot “blow hot and cold” with Qualified One-Way Costs Shifting by terminating one conditional fee agreement and signing a new one just to get the benefit of costs protection, the Court of Appeal has ruled.

August 3rd, 2017

Court of Appeal rejects bid to invalidate CFAs signed at “chaotic” meeting of class action members

Signature

The Court of Appeal has dismissed a technical challenge to conditional fee agreements (CFAs) signed by members of a class action during a meeting organised for that purpose. It was one of the steady trickle of cases challenging CFAs under the Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations 2008.

July 25th, 2017

Court of Appeal begins hearing CFA assignment case

Judicial Roundtable

The profession should soon have an answer to the question of when a conditional fee agreement can be assigned from one law firm to another as the Court of Appeal is hearing a test case today. It was one of a series of lower-court ruling last year to address the issue and between them cause confusion in the profession.

July 5th, 2017

Senior Costs Judge sets aside “unfair and unreasonable” CFA

ACL Roundtable

The Senior Costs Judge has ruled a law firm’s conditional fee agreement (CFA) unfair because it failed to ensure that its client – whose English was poor – fully understood what he was signing. Setting aside the agreement, Master Gordon-Saker said the CFA was also unreasonable because of the high hourly rates it sought.

June 21st, 2017

Third-party funder and “biggest ever ATE policy” backs £4bn truck collective action

Motorway traffic jam

Third-party litigation funder Therium Capital Management is backing a £4bn opt-in collection action being brought by the Road Haulage Association against truck manufacturers found guilty of illegal price fixing. It has also secured “the largest tranche of after-the-event insurance that’s ever been underwritten”.

June 16th, 2017

Funding update: third-party backing for credit card claims, DBA insurance launch and more

Mark Humphries

City law firm Humphries Kerstetter has secured third-party funding to launch of a new wave of claims against MasterCard and Visa on behalf of a host of companies. The move follows the firm’s recent negotiation of a series of settlements with the card schemes on behalf of Tesco and WH Smith.

June 1st, 2017

Appeal court upholds validity of CFA switch despite legal aid remaining in place

Jason Rowley

The Court of Appeal has upheld a ruling that a conditional fee agreement (CFA) was valid even though the claimant’s legal aid certificate remained in place. “It is quite plain… that the CFA was designed and understood entirely to supersede for all purposes the public funding of the claim,” it found.

May 25th, 2017

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

Blog

Third-party funders – access to justice warriors?

Christopher Deadman 2

Comments on UNISON’s landmark victory against the government in respect of employment tribunal fees got me thinking about the whole ‘access to justice’ argument and the role that third-party funders play. I have sat in lots of meetings over the years where funders, some even with a straight face, claim that access to justice is a cornerstone of their business. That is a statement of almost North Korean bogusness. Funders who trot out the access to justice argument are guilty of conflating the by-product of their business with the

August 17th, 2017

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