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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.
High Court upholds CFA despite legal aid certificate remaining in place
The High Court has ruled that a conditional fee agreement was valid even though the claimant’s legal aid certificate remained in place. Mr Justice Soole ruled that the certificate had been discharged by conduct.
Bar Council and ABI join calls for permanent exemption from LASPO for insolvency cases
The Bar Council and the Association of British Insurers have added their voices to calls from business organisations for a permanent exemption for insolvency cases from LASPO. In a letter to the justice secretary, they argued that ‘rogue directors’ could walk away with £160m a year if the exemption ended.
IPs hit back at Jackson: ending LASPO exemption would create ‘windfall’ for third-party funders
Abolishing the exemption from LASPO for insolvency cases would create a “windfall” for third party funders, insolvency trade body R3 has argued. R3 was responding to Lord Justice Jackson, who called the exemption an “instrument of oppression”.
Exclusive: MoJ summons ATE insurers to discuss changing rules on medical negligence
The Ministry of Justice (MoJ) is considering changing the rules on recoverability for ATE premiums in medical negligence cases, Litigation Futures can reveal. An e-mail from the MoJ links the initiative to the Department of Health review of fees.
Survey: 10% uplift to damages “insufficient” to cover extra LASPO costs
Nearly three-quarters of personal injury specialist solicitors say the 10% uplift in general damages introduced to compensate for the LASPO changes is insufficient to cover the additional costs that claimants now have to meet, according to a survey.
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”.
Now is the time
As we approach the second anniversary of implementation of the Legal Aid, Sentencing & Punishment of Offenders Act 2012, many firms are now starting to recognise a way to work under the new conditions and look towards growth and expansion.
Cost of PI claims dropping fast, actuaries confirm
Legal fees for personal injury cases worth up to £100,000 fell by 65% in 2013, with an overall reduction of 14% in the cost of third-party injury claims, the Institute and Faculty of Actuaries has reported.
Government blames High Court for denying mesothelioma victims damages uplift
The High Court’s decision to block the abolition of recoverability for mesothelioma claims has denied victims the 10% uplift in damages they would otherwise have received, justice minister Lord Faulks has said.
