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ATE/CFA
High Court halts £3bn action that “benefited lawyers and funders most”
Lawyers and litigation funders would “by a considerable margin” be the main beneficiaries of any award in a representative action against Google over misuse of private data, the High Court has ruled in blocking the case going forward.
Asplin convicted after Court of Appeal cleared way for private prosecution
The former chief executive of DAS UK was convicted of a 14-year-long fraud in a private prosecution brought by the company after it overturned a court decision to stay the case, it has emerged.
Bar Council: Solicitors refusing to pay barristers’ unrecovered fees in CFA cases
An increasing number of solicitors do not accept a contractual obligation to pay counsel’s unrecovered fees in personal injury and medical negligence cases, the Bar Council has complained. It also said QOCS was leading to more inappropriate claims of fundamental dishonesty.
Court of Appeal to rule on 100% success fee model for low-value PI claims
The Court of Appeal is to rule on the legality of what has become the industry model for handling low-value personal injury claims, with firms charging clients a 100% success fee as standard. It was confirmed yesterday that the court has given permission for a second appeal in Herbert v HH Law.
Senior Costs Judge flags concern over PI solicitors’ standard 100% success fee
The Senior Costs Judge has called on the Law Society to remind personal injury solicitors of their obligation to undertake individual risk assessments in low-value cases and not just apply a blanket 100% success fee. He also called for a broad extension of qualified one-way costs shifting.
“Poorly drafted” CFA that named wrong defendant still valid, Court of Appeal rules
A conditional fee agreement that named the wrong defendant was still valid when read in the wider context of the claim, the Court of Appeal has ruled. It found this was actually supported by the slopping drafting of the agreement.
Irwin Mitchell highlights value of CFAs after Supreme Court win
Irwin Mitchell has lauded the value of conditional fee agreements after winning in the Supreme Court last week for an NHS worker whose bosses attempted to make her redundant whilst she was on holiday. The landmark ruling could trigger changes to all employment contracts in the UK.
Boxing promoter Warren loses twin challenges to CFAs
Boxing promoter Frank Warren has failed in his effort to avoid paying his solicitors under conditional fee agreements (CFAs) where he did not receive any damages or costs despite winning his case. The case also saw a Senior Courts Costs Office judge apply the Court of Appeal’s recent ruling in Budana, allowing the assignment of CFAs.
High Court throws 100% success fee model for low-value PI claims into doubt
The High Court has thrown the industry-standard model for handling low-value personal injury claims into doubt after ruling that solicitors still need to undertake individual risk assessments before setting the success fee – rather than just applying 100% across the board.
Big win for NHS Resolution in test cases on pre-LASPO funding switches
The Court of Appeal has found for NHS Resolution in three test cases over the reasonableness of solicitors switching clients from legal aid to conditional fee agreements ahead of the introduction of LASPO. NHSR said the ruling saved it £270,000 in these three cases – all run by Irwin Mitchell – and potentially millions more in other cases.
Blog
An analogue decision? Google defeats attempt at consumer ‘class action’
In an eagerly awaited judgment, the High Court handed down its ruling in Richard Lloyd v Google LLC on 8 October. It seems clear that there is a degree of reluctance to permit group litigation which will not materially benefit consumers. That being said, it is hard to ignore the increased possibilities of group litigation in the context of corporate data breaches, particularly following the implementation of GDPR earlier this year.
October 18th, 2018
Associate News
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