Archive for the ‘Litigation’ Category

Sharing the burden

Friday, August 27th, 2010

The debate about the future of litigation costs rages on. The Adam Smith Institute is the latest body to publish a report proposing reform to the CFA regime, and the abolition of legal aid for most claims.

The report’s author, Anthony Barton, proposes a cap on recoverable success fees and ATE premiums accompanied by a modest uplift in general damages to address the concern that claimants will be left less well off. The great strength of his report is in placing legal costs issues in the context of the current economic situation.

Barton is critical of Lord Justice Jackson’s proposals in relation to one way costs shifting and expresses concern in relation to the potential for unintended consequences, including spurious claims and fraud.

Jacksons’ recommendations should not be dismissed lightly and are likely to be at the heart of the Government’s proposed consultation in Autumn. Whether or not his conclusions prove correct, Barton’s report is also deserving of further consideration in the months ahead.

Posted by James Arrowsmith, who specialises in high value personal injury claims, extensive experience of claims relating to head injuries and serious bodily injury, psychiatric damage and injuries to children.

James Arrowsmith

James Arrowsmith
0121 237 3981
jarrowsmith@brownejacobson.com

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Jackson review takes centre stage again

Monday, July 26th, 2010

The Government has announced a consultation on implementing the recommendations outlined in Lord Justice Jackson’s review of civil litigation costs.

The main thrust of this will be to review CFAs and as to whether they are the best way of achieving justice with the current level of success fees and the way in which ATE works.

It is reassuring that the Government is looking at proposals for fixed costs on the fast track and has recognised the unique problems associated with clinical negligence claims. However it has left us in the dark when it comes to non personal injury claims and legal expenses insurance.

It is important the Government clarifies how this will be combined with other measures such as the Lord Young report and the LSB review on referral fees if it seriously wants the industry to engage fully in the debate.

Posted by Nichola Evans
0207 337 1019
nevans@brownejacobson.com

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