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End of LASPO exemption for insolvency “will lead to unscrupulous behaviour”
A large majority of insolvency practitioners and lawyers believe the end of the exemption for insolvency litigation from the abolition of recoverable success fees and insurance premiums in conditional fee cases will lead to “unscrupulous or illegal behaviour” by company directors, a survey has found.
Gordon-Saker: Newspaper’s rights not breached by success fees and ATE recovery
A newspaper’s right to free expression under Article 10 of the European Convention was not breached by being ordered to pay success fees and ATE insurance premiums, Master Gordon-Saker has ruled. The defendant, MGN, said it was prepared to take its case to the Supreme Court.
Government confirms 1 October 2016 date for fixed costs in clinical negligence
The introduction of fixed recoverable costs in clinical negligence cases is still planned for 1 October 2016, the Department of Health has confirmed. The news came as independent research of the pre-LASPO regime concluded that conditional fee agreements gave people on middle incomes access to justice and did not result in “a feast of ambulance-chasing”.
Law firm loses 50% of costs for hiding existence of second CFA and BTE
A district judge has decided to halve the costs awarded to claimant solicitors for unreasonable and improper conduct in concealing from the paying party the existence of a previous conditional fee agreement and before-the-event insurance.
High Court refuses 100% success fee because trial had not started
The High Court has refused to allow a personal injury claimant a 100% success fee on the grounds that a trial had not started before the case was settled, even though a hearing had begun.
Government abandons plan to end LASPO insolvency exemption
Justice minister Shailesh Vara has announced that the government has decided to drop its plan to extend Sections 44 and 46 of LASPO to insolvency cases “for the time being”.
Indemnity insurers must cover cost of firm’s disbursement loans
Indemnity insurers must cover the cost of disbursement loans taken out by clients if law firms default, the Court of Appeal has ruled, overturning a High Court decision.
Neuberger and Dyson to head seven-judge panel for Coventry
The president of the Supreme Court, Lord Neuberger, and Lord Dyson, the Master of the Rolls, will head a seven-judge panel for the eagerly awaited Coventry costs hearing on 9 February, it has been announced.
Seven applications to intervene in Coventry costs battle
The Supreme Court will next month hear seven applications to intervene in a case which raises the question of whether the previous system of recoverable conditional fee success fees and insurance premiums was unlawful.
