The working party will look at implementing secondary legislation, focusing on qualified one way cost shifting, the introduction of additional sanctions and rewards under Part 36 as well as the detail of the proportionality test and when the test should not be applied.

Crucially, the party will not be considering the government’s original policy objectives but focusing instead on the practicalities of introducing these measures.

The working party are expected to complete papers on these proposals by the end of September this year.

Insurers will be interested to note that representatives from key civil law areas affected by the proposals will be invited by the CJC to attend and provide feedback at a workshop expected to take place in October.

Posted by Nichola Evans, who specialises in professional indemnity work, directors and officers, legal expenses insurance, conditional fee agreements and after the event insurance and commercial litigation.

Nichola Evans
020 7337 1019
nevans@brownejacobson.com

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