Tag Results
Military claims not subject to EL fixed success fees, says High Court
Wednesday, 21 January 2015A 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.
Tags: employers' liability, military claims, success fee
Posted in ATE/CFA, Jackson reforms, News
“Slip, mistake or oversight” over funding notice was not significant failure, High Court rules
Tuesday, 12 August 2014The 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.
Tags: CFA, conditional fee agreements, Denton, Mitchell, relief from sanctions, success fee
Posted in Jackson reforms, News
MoJ: no end to recoverability in defamation until costs protection is introduced
Thursday, 13 December 2012The 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.
Tags: ATE insurance, defamation, Legal Aid Sentencing and Punishment of Offenders Act, success fee
Posted in ATE/CFA, Jackson reforms, News
Top lawyer warns of “high risk” of mis-selling scandal arising from Jackson
Thursday, 8 November 2012There 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.
Tags: ABS, Alternative business structures, CFA, claims management companies, conditional fee agreements, damages-based agreements, DBA, Jackson report, QOCS, qualified one-way costs-shifting, success fee
Posted in Jackson reforms, News
Is exacerbating a pre-existing condition a disease? CA ruling will fix success fee level
Monday, 29 October 2012The 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.
Tags: employers' liability, success fee
Posted in ATE/CFA, News
Government to put 50% cap on contingency fees in commercial cases
Monday, 8 October 2012Lawyers 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.
Tags: contingency fees, damages-based agreements, DBA, RTA portal, success fee
Posted in DBAs, Jackson reforms, News
Life after Jackson – less work, less profit and fewer staff
Tuesday, 11 September 2012Claimant 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.
Tags: Association of Costs Lawyers, ATE insurance, personal injury, RTA portal, success fee
Posted in Jackson reforms, MoJ claims process, News
High Court: security for costs order for defendant with CFA should include 100% uplift
Monday, 30 July 2012A 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.
Tags: CFA, conditional fee agreements, security for costs, success fee
Posted in ATE/CFA, News