The April update of the Civil Procedure Rules will contain the outcome of the review of the exemption from mandatory costs management for the specialist civil courts, Mr Justice Ramsey confirmed last week.
Seven months into the Jackson reforms and litigators see rising costs and no greater access to justice as the main results so far, according to a new poll. It also confirmed the lack of appetite for damages-based agreements.
Burford Capital yesterday formally launched its ‘hybrid DBA’ that enables law firms to use damages-based agreements without the risk of falling foul of the regulations which govern them.
The rules on damages-based agreements should be changed to free up solicitors to offer a mixture of contingency fees and hourly rates in commercial cases, the judge in charge of Jackson implementation said this week.
Solicitors advising on damages-based agreements should make detailed notes at the time agreement is made in case they are later accused of exploiting the client, one of the leading barristers in solicitors’ regulation has advised.
Continuing concern over the potential for mis-selling damages-based agreements has led the Legal Services Board to order the Legal Ombudsman to monitor the complaints it receives in relation to them.
It is “easy” to imagine a world where legal expenses insurance becomes mandatory in the same way that car insurance is, the Chief Legal Ombudsman claimed today. Adam Sampson said they would also be keeping a close eye on how DBAs develop.
The government yesterday pressed ahead with plans to allow consumers and businesses to bring opt-out collective actions for breaches of competition law – but indicated that they are not yet a done deal.