Tag Results

Government to allow opt-out collective actions – but not on contingency fees

The government is to introduce opt-out collective actions for competition law claims, but lawyers will not be able to handle them on a contingency fee basis, it announced today. Law firms and third-party litigation funders will also not be allowed to initiate such cases.

January 29th, 2013 | Comments Off on Government to allow opt-out collective actions – but not on contingency fees

Government to put 50% cap on contingency fees in commercial cases

Lawyers working under contingency fees from next April will not be able to take more than 50% of the damages in commercial cases, the government has revealed. This is contrary to the recommendations of a Civil Justice Council working party it commissioned.

October 8th, 2012 | No Comments »

The waiting game

So here we are, less than seven months from implementation of the Jackson reforms and the RTA portal extension, and there is an awful lot we still don’t know. We thought that at least the 10% increase in damages was settled – certainly the country’s top judges did. But as we reported last week, they’ve effectively had to admit they acted hastily in deciding as they did by taking the unprecedented (well, nobody I’ve asked has seen this happen before) step of reopening the Court of Appeal ruling in Simmons v Castle.

September 13th, 2012 | Comments Off on The waiting game

Caps under scrutiny as CJC working party unveils contingency fee recommendations

Disputes involving larger businesses should be the only category of case not subject to a cap when contingency fees are introduced, a Civil Justice Council working party has said as one of 18 recommendations on how the new scheme should operate.

August 3rd, 2012 | Comments Off on Caps under scrutiny as CJC working party unveils contingency fee recommendations

Fancy a piece of the action? High-powered group to advise on introduction of contingency fees

An 11-man working party will meet for the first time today to advise on how to introduce contingency fees for court work in England and Wales. The working party has been set up by the Civil Justice Council.

July 17th, 2012 | Comments Off on Fancy a piece of the action? High-powered group to advise on introduction of contingency fees

Jackson to dominate CJC work over next year, with QOCS advice imminent

Implementation of the Jackson reforms is set to dominate the work of the Civil Justice Council in the coming year, its newly published 2012/13 business plan has shown. Its advice to the government on QOCS should be made public this week or next.

July 9th, 2012 | Comments Off on Jackson to dominate CJC work over next year, with QOCS advice imminent

Jackson: should contingency fee lawyers be liable for defendant's costs?

Work is needed to determine whether solicitors who offer contingency fees could find themselves on the hook for a successful defendant’s costs, Lord Justice Jackson said last week. He said a working party might be needed to resolve outstanding issues.

May 23rd, 2012 | Comments Off on Jackson: should contingency fee lawyers be liable for defendant's costs?

Warning over self-regulation of litigation funders and conflicts risk posed by contingency fees

The introduction of self-regulation for third-party litigation funding may not be sustainable in the long term, a team of leading academics has warned. They also highlighted the risks that contingency fees pose.

May 19th, 2012 | Comments Off on Warning over self-regulation of litigation funders and conflicts risk posed by contingency fees

Neuberger: ABSs herald death of hourly billing

Alternative business structures may well herald the demise of hourly billing as legal practice becomes even more competitive, the Master of the Rolls has predicted. Contingency fees and price comparision websites will also play a role.

May 14th, 2012 | Comments Off on Neuberger: ABSs herald death of hourly billing