Funding
Jackson reforms now in force
The long-awaited Jackson reforms have come into force today, 1 April 2013. The reforms will bring about major changes to civil litigation in England and Wales. However, as today is Easter Monday and therefore a bank holiday in England and … Continue reading
Our new “Handy client guide to the Jackson reforms”
The long-awaited Jackson reforms will come into force on 1 April 2013 and will bring about major changes to civil litigation in England and Wales. We have published a guide which summarises on two sides of A4 the key changes … Continue reading
Filed under Announcements, Costs, Funding
Exception to Jackson reforms for claims by insolvent companies
The government has clarified which claims will benefit from the continued recoverability of CFA success fees and ATE insurance premiums, following its announcement in May last year that there would be a two-year delay to implementation of this aspect of … Continue reading
Draft Damages-Based Agreements Regulations have surprising implications
The government yesterday published the draft Damages-Based Agreements (DBA) Regulations 2013, which were laid before Parliament on 21 January. Subject to approval by resolution of each House of Parliament, the Regulations will come into force on 1 April this year. As drafted, the Regulations appear to … Continue reading
Our first annual disputes client conference: Trends in international dispute resolution
On Monday 12 November, we held our first annual Herbert Smith Freehills disputes conference “Trends in international dispute resolution”. Following introductory remarks by global head of dispute resolution Sonya Leydecker, a series of presentations and panel discussions took place on … Continue reading
Filed under Collective actions, Costs, Funding, Jurisdiction
50% cap on contingency fees for commercial cases
The government has given further details of its plans to introduce contingency fees, or “damages based agreements” (DBAs), for civil litigation. It has said that in non-personal injury claims (excluding employment tribunal cases) there will be a 50% cap on … Continue reading
Filed under Funding
Working party recommends no cap on contingency fees for commercial cases
The working party set up to consider fundamental issues relating to the planned introduction of contingency fees, or “damages based agreements” (DBAs), published its report and recommendations on Friday (3 August). The key recommendations affecting commercial clients are: There should not be a cap … Continue reading
Filed under Funding
Delay to implementation of Jackson reforms in insolvency cases
In a written ministerial statement to Parliament yesterday, 24 May, the government has announced that CFA success fees and ATE insurance premiums will continue to be recoverable in insolvency proceedings until April 2015. Recoverability in all other types of case is … Continue reading
Filed under Funding
Legislation bringing in Jackson reforms becomes law
The government’s Legal Aid, Sentencing and Punishment of Offenders Bill, which (among other things) implements key aspects of the Jackson reforms, yesterday received Royal Assent and so has become law. The changes being introduced under the Act include: removing the restrictions on … Continue reading
Filed under Funding
Opt-out class action proposed for competition claims
On Tuesday (24 April) the government published its anticipated consultation on competition law private actions, including radical proposals for a new “opt-out” collective action for competition claims on behalf of both consumers and businesses in the Competition Appeal Tribunal (CAT). Under an opt-out … Continue reading
Filed under Collective actions, Funding
