If ‘litigating from home’ and e-trials are going to be a viable option over the medium or long term, then issues will need carefully to be thought through, and some trade-offs will have to be made.
There is a clear line of sight from the process of a law firm selecting a barrister, to the experience built up by those barristers, to them reaching the position of being able to apply for silk.
Historically, law firms and insurance brokers could form a relationship and the law firm’s obligation to advise clients on ATE was assumed to be complete. Under the STaRs, the onus moves to the individual solicitor.
When the April 2013 reforms were enacted, many firms feared a race to the bottom on the commercial offering to any prospective client and offer zero success fees across the board.
Why are judges preventing access to justice for the most vulnerable injured members of society? They are routinely refusing to allow payment out of damages for success fees, ATE and any other expense.