The free guide to costs, funding and the Jackson reforms
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Two-thirds of litigators say increased court fees already putting off clients
Most litigation lawyers say increased court fees have already deterred clients from commencing proceedings, a survey has found. An even larger majority said increased fees would influence clients’ decision-making in the future.
CJC outlines reforms to make DBAs more popular – but holds back over hybrid agreements
The Civil Justice Council working party on damages-based agreements has fallen short of calling for hybrid agreements to be allowed, but told the government that if it wants to ban their use, “then it owes it to the legal marketplace to make that entirely plain”. But it did recommend that recoverable costs should be excluded from DBA caps.
Budgeting has “forced costs up”, LSLA says
Budgeting has “forced costs up and will continue to do so”, John Bramhall, president of the London Solicitors Litigation Association, has said. His comments came as 85% of litigators predicted that post-Jackson budgeting would increase costs.
Jackson outlines two-pronged strategy to promote DBAs
Lord Justice Jackson this week called for an end to the indemnity principle and for lawyers to lobby the government on the need for hybrid damages-based agreements (DBAs).
Barristers struggling with costs budgeting, survey finds
Large numbers of barristers are struggling with costs budgeting, with some submitting budgets without even seeing the papers, Bar Council research has shown. It also found that barristers are now much more wary of taking work under CFAs.
Extension of QOCS the key to the “true Jackson”, says Ramsey
Mr Justice Ramsey, the judge in charge of Jackson implementation, has said that extending qualified one-way costs shifting (QOCS) beyond the limits of personal injury and defamation holds the key to unlocking the “true Jackson”.
Costs budgeting at risk from “inconsistency and lack of expertise” of judges, report finds
The biggest threat to the success of costs budgeting comes from the “inconsistency and lack of expertise” of the judges involved, a report commissioned by the Civil Justice Council has concluded.
Government to make announcement on campaign for DBA changes “soon”
An announcement on whether the regulations governing damages-based agreements are to be changed is expected shortly, a major conference on the first year of the Jackson reforms heard on Friday. The extension of fixed recoverable costs is also on the government’s agenda.
The truth about the new ‘hybrid’ DBAs
Traditionally, when we think of third-party funding, it’s usually in the context of financing the claimant. In other words, a litigation funder will enter into a funding agreement with the claimant and agree to pay their legal fees and disbursements. However, as the market evolves, so do the options available for litigation funding. There has been some recent press and publicity from various funders surrounding funding products specifically designed to finance law firms directly, in order to enable firms to offer damages-based agreements.
Ramsey backs allowing hybrid DBAs
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.
