Code of Conduct for Third Party Litigation Funders
5, March 2010
A new voluntary code of conduct is set to be introduced to Third Party Litigation Funders.
Third Party Litigation Funders bear the legal costs risk of a client’s litigation in the event that the case is unsuccessful. The Third Party Litigation Funder also provides interim financing for the client's own legal costs in order to progress the case. In return for providing interim funds the Third Party Litigation Funder will expect to receive a share of the proceeds of the litigation if the case is successful. The cost...
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10% Success Fee in Defamation Proceedings
5, March 2010
The Government are set to reduce the success fee to 10% in defamation proceedings. Responses to the consultation paper Controlling Costs in Defamation Proceedings have been published.
The consultation sought views on a proposal to reduce the maximum ‘success fee’ which may be charged on defamation proceedings funded under Conditional Fee Agreements from 100% to 10%. The consultation period, which was opened on 19 January 2010, closed on 16 February 2010, allowing only 4 weeks to respond instead of the...
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Delay to RTA Reforms
5, March 2010
The implementation of the new RTA process due to take place on 6 April 2010 has been moved back to 30 April 2010.
The move is to enable organisations to get ready for the reforms and test the electronic portal which has been designed to support adherence to the reforms.
The new process requires documentation to be exchanged electronically. An electronic portal has been developed in order for personal information to be exchanged securely in...
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RTA Reforms signed off
19, February 2010
The Ministry of Justice have announced today that the road traffic accident personal injury draft rules have been agreed and signed off by the rules committee.
The rules are set to be implemented on 6 April 2010. The government is planning to publish the rules as soon as possible.
The Association of British Insurers has called on its members and the legal profession to work together to ensure the Ministry of Justice’s new motor claims handling process is a success.
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Risks of exaggerated and dishonest claims
12, February 2010
There has been a flurry of recent cases that have emphasised that despite winning a case, the successful party’s conduct in the main action may have serious costs consequences.
It is now clear from the recent decisions that dishonesty or exaggeration by the successful party will be revisited when assessing costs.
The Court of Appeal has recently ruled that a party is not precluded from raising a point to the costs judge that was not previously raised with the trial judge. (Drew v Whitbread...
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