Jackson reforms

ACL Roundtable

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.

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Ministry of Justice sign

DBAs and referral fees in spotlight as Ministry of Justice begins LASPO review

The reforms contained in part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 are generally working well, the Ministry of Justice said today in a preliminary assessment that marks the start of the post-implementation review of the provisions.

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Sir Rupert Jackson

Jackson calls for costs budgeting to curb high costs of arbitration

Sir Rupert Jackson, only weeks into his new role as an arbitrator, has called for costs budgeting to tackle the “high level of costs” in arbitration, at least for lower-value claims, in the wake of survey findings that two-thirds of respondents described the high level of costs as “the worst feature of international arbitration”.

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Judge was wrong not to order fundamental dishonesty hearing, says High Court

A circuit judge wrongly exercised his discretion in refusing to order a hearing on whether a claim was fundamentally dishonest, the High Court has ruled. Mrs Justice Yip, exercising the discretion afresh, ruled that it was “reasonable” to give the defendant insurer, Alpha, the chance to put its case.

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Jason Rowley

Rowley enters debate over what constitutes “good reason” to depart from budget

Master Rowley has become the latest judge to rule that a reduction in hourly rates for incurred costs is not a good reason to do the same to budgeted costs. The fact the case settled for significantly less than had been claimed was also not a good reason, he found, as the claim was reasonable and not exaggerated.

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Iain Stark - Weightmans shot

Prepare for problems with new electronic bill, say costs lawyers – but don’t panic

The Association of Costs Lawyers has sought to calm fears about the electronic bill of costs – which became compulsory in the county court and Senior Courts Costs Office from last Friday – even though it said significant teething problems “are likely”.

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Per cent 100 Hundred

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.

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Mr Justice Foskett

Judge disapplies QOCS for part of solicitor’s failed claim over quality of Oxford teaching

A High Court judge has disapplied qualified one-way costs shifting (QOCS) for part of a failed claim by a solicitor that Oxford University was to blame for a worse-than-expected degree that he said has affected his career to date. While much of the claim was for personal injury, there was also a claim for pure economic loss not covered by QOCS.

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