DBAs v CFAs – The Future?
With civil costs reforms due to take effect from April 2013 many lawyers are rushing to undertake a review of their existing fee structures in a bid to embrace the opportunities presented by LASPO.
One of the key proposals…
Court Endorses Litigation Funding in Jersey
The concept of litigation funding in Jersey has received further judicial approval. This follows the decision in Barclays Wealth Trustees (Jersey) Limited v Equity Trust (Jersey) Limited and Equity Trust Services Limited, a case concerning alleged breaches of trust and…
No Escape to Adverse Costs Orders for Third Party Funders
The Civil Justice Council has recently confirmed that Third Party Funders will not be able to avoid liability for adverse costs orders under damages based agreements (DBA’s) by taking a stake in law firms.
The recommendation comes amid fears that…
Zurich Loses Fraudulent Claim Case
The Supreme Court has ruled in theory that a Court has power to strike out the whole of a claim which had been grossly exaggerated, albeit that the circumstances where this would be justified are extremely rare.
The issue…
Retrospective ATE Premiums Not Recoverable
The Court of Appeal has recently confirmed that ATE Insurance cannot be taken out retrospectively, so as to cover the costs risk of an Appeal as well as the potential liability arising from the original action, if the Applicant’s Appeal…