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
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.
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.
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.
The role which before-the-event legal expenses insurance might play in improving access to justice is to be examined by a working group set up by the Civil Justice Council. BTE is to become more prominent in the wake of the government’s personal injury reforms, with one leading insurer predicting an increase in both demand and premiums as a result.
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.
Whole of split bill, less additional liabilities, subject to proportionality test, rules regional costs judge
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.
The third-party funder that was at the centre of the landmark High Court ruling that saw a claimant recover the cost of his funding, has now launched two products to aid parties involved in international arbitration against an opponent who is behaving unreasonably.
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.
There is currently no need to introduce statutory regulation of third-party litigation funders, the government said yesterday. Justice spokesman Lord Keen said there was no reason to move away from the voluntary scheme.
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.”