ATE/CFA


Boxing promoter Warren loses assignment challenge to CFAs

4 December 2018

Boxing promoter Frank Warren has been refused permission to appeal a costs judge’s ruling that the assignment of two CFAs – under which he owed his solicitors nearly £1m – was valid.


Recovery of success fees in defamation cases to end

30 November 2018

The government is to abolish the recoverability of success fees in defamation cases – but retain it for after-the-event insurance premiums, it announced yesterday.


High Court pulls plug on CFA-backed Kenya group action

22 November 2018

The High Court yesterday dismissed the group litigation brought on behalf of more than 40,000 Kenyan claimants, after six years of work done by lawyers operating on a ‘no win, no fee’ basis.


High Court close to striking out law firm’s indemnity claim against QC

24 October 2018

The High Court has struck out a law firm’s amended particulars of claim for an indemnity from a QC if the firm was successfully sued by claimants who took part in failed group litigation. Failure to produce new particulars would inevitably lead to the part 20 claim failing.


High Court halts £3bn action that “benefited lawyers and funders most”

8 October 2018

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

24 September 2018

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

4 September 2018

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

26 July 2018

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

6 July 2018

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

20 June 2018

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.

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