Tag Results

Military claims not subject to EL fixed success fees, says High Court

A High Court test case decided yesterday that members of the armed forces are not employees for the purposes of the pre-1 April 2013 fixed success fee regime in employers’ liability claims.

January 21st, 2015 | 1 Comment »

“Slip, mistake or oversight” over funding notice was not significant failure, High Court rules

The failure by a claimant’s solicitors to inform the other side of a replacement conditional fee agreement could be accurately described as a “slip, mistake or oversight” and not a “significant” failure under the ruling in Denton, the High Court has decided.

August 12th, 2014 | No Comments »

MoJ: no end to recoverability in defamation until costs protection is introduced

The recoverability of success fees and after-the-event insurance in defamation and privacy claims will not come to an end until costs protection is introduced in line with the recommendations of the Leveson report, the government has announced.

December 13th, 2012 | Comments Off on MoJ: no end to recoverability in defamation until costs protection is introduced

Top lawyer warns of “high risk” of mis-selling scandal arising from Jackson

There is a “very high risk of a mis-selling scandal” as a result of the Jackson reforms, a leading claimant lawyer has argued. Former APIL president David Marshall also predicted that under-settlement looks like becoming a fruitful area for professional negligence claims.

November 8th, 2012 | Comments Off on Top lawyer warns of “high risk” of mis-selling scandal arising from Jackson

Is exacerbating a pre-existing condition a disease? CA ruling will fix success fee level

The Court of Appeal is set to investigate whether an injury exacerbated at work should be classified as an employers’ liability or disease claim and so attract either a 25% or 100% success fee.

October 29th, 2012 | Comments Off on Is exacerbating a pre-existing condition a disease? CA ruling will fix success fee level

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 »

Life after Jackson – less work, less profit and fewer staff

Claimant personal injury lawyers have painted a grim picture of what life will be like after the Jackson reforms, with less work, redundancies and firms looking to move away from this type of work, according to a survey by the Association of Costs Lawyers.

September 11th, 2012 | Comments Off on Life after Jackson – less work, less profit and fewer staff

High Court: security for costs order for defendant with CFA should include 100% uplift

A security for costs order in favour of a defendant funded by a conditional fee agreement (CFA) should include a 100% success fee, the High Court ruled last week. It also said a party should not be forced to disclose the full agreement so as to gain such an order.

July 30th, 2012 | Comments Off on High Court: security for costs order for defendant with CFA should include 100% uplift