Jackson reforms

Costs lawyers urge government to limit fixed costs to fast-track only

Iain Stark - Weightmans shot

The government should curb Lord Justice Jackson’s recommendation to expand the use of fixed recoverable costs, limiting them only to the fast-track, according to a survey of costs lawyers. It also found that solicitors are at risk of significant financial losses by not updating their budgets.

December 12th, 2017

Pre-LASPO CFA was validly transferred to new firm, Court of Appeal rules

Neil Hudgell 2017

The transfer of a conditional fee agreement from one law firm to another around the time of the Jackson reforms was valid and the success fee can still be recovered from the defendant, the Court of Appeal has ruled. However, in a split decision, the court ruled that it was a novation, rather than an assignment. The decision has been hailed “a tremendous victory for the solicitors’ profession”

December 5th, 2017

New hot-tubbing and ‘costs of costs management’ rules come into force

percent sign

Variations that judges can adopt in orders for concurrent expert evidence – known as ‘hot-tubbing’ – came into force last week, along with a new provision that clarifies how the costs of costs management should be calculated.

December 1st, 2017

High Court: proportionality is about more than ‘damages v costs’

cutting costs

Proportionality involves more than simply comparing costs budgets with the size of the damages claimed, a High Court judge has made clear. Mr Justice Nugee was ruling in a £350m claim, where the defendants’ costs budgets amounted to only about 7% of the claim.

November 14th, 2017

Court of Appeal overturns Senior Costs Judge’s ruling on proportionality test

Sir Terence Etherton

The Senior Costs Judge was wrong to apply the new proportionality test to additional liabilities in a case that began before LASPO took effect on 1 April 2013, the Court of Appeal has ruled. However, it did not offer any hoped-for guidance on the new test, although it is understood that three conjoined cases raising the issue are due to be heard soon.

November 7th, 2017

Government to review Jackson reforms next year

David Lidington

The Ministry of Justice is likely to complete a review of LASPO’s civil costs reforms by next summer, but has said it does not expect to find much that needs to change – except possibly removing the exception that currently applies to mesothelioma claims.

October 31st, 2017

Defendant does not have to plead dishonesty to disapply QOCS, Court of Appeal rules

RCJ portrait

A defendant does not have to specifically plead fundamental dishonesty for a court to find that qualified one-way costs shifting (QOCS) should be disapplied, the Court of Appeal has ruled. It said the defendant insurer had made its doubts about the claimants’ honesty clear in both the pleadings and questions during cross-examination.

October 31st, 2017

The Jackson effect: One costs firm set to close as another leaves debt behind in administrator sale

Paul Shenton pic

The harsh impact of the Jackson reforms on the costs world is on display today as we reveal that one costs business is closing down, while it has emerged that another has been reborn after the directors bought the assets, files and outstanding WIP from its joint administrators.

October 30th, 2017

Government accepts Jackson’s call for CJC to seek industry agreement on low-value clin neg claims

Richard Heaton

The government has accepted Lord Justice Jackson’s recommendation that the Civil Justice Council be tasked with negotiating a new bespoke process and fixed costs regime for low-value clinical negligence claims, it emerged yesterday.

October 17th, 2017

Regan: £250,000 threshold for High Court cases on the way

Dominic Regan

The senior judiciary is making progress towards introducing a £250,000 threshold for cases that are eligible to be heard in the High Court, Professor Dominic Regan has claimed. However, there are contradictory views on the enthusiasm of the Ministry of Justice for Lord Justice Jackson’s proposed extension of fixed recoverable costs.

October 11th, 2017

Blog

All I want for Christmas is…

Stack of documents and papers

This is my valedictory blog for 2017. I am grateful to my loyal reader for enduring the polluted flushings of my diseased mind over the past six months. It has been fun to write and I hope that I have given the reader an insight into the world of a litigation flaneur. Before I bid you happy holidays, I would like to share with you my two wishes for Christmas. For the avoidance of doubt, these relate to litigation finance and not my personal desires, which include a solid gold house, rocket shoes and the power to become invisible at will.

December 12th, 2017

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