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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.
“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.
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.
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.
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.
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.
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.
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.
