Damages-Based Agreements: potential or potential pitfall? – 11 Stone Buildings

Posted March 21st, 2013 in agreements, damages, fees, news by sally

“As part of the Jackson Reforms the much talked about Damages-Based Agreements Regulations 2013 come into force on 1st April 2013. Damages Based agreements (‘DBAs’) open up the prospect of fees becoming entirely divorced from the actual hours worked on a case. This can lead to much higher fees than those which will arise using the hour-based method, even on a CFA with a 100% uplift. However, there are some potentially serious implications to consider. Don McCue takes a closer look at the potential impact of using DBAs, how they compare to Conditional Fee Agreements (‘CFAs’) in different litigation scenarios, and how DBAs relate to the Solicitors Regulation Authority (‘SRA’) Code of Conduct.”

Full story (PDF)

11 Stone Buildings, March 2013

Source: www.11sb.com

Trouble for personal injury law firms means trouble for claimants – The Guardian

Posted March 21st, 2013 in costs, fees, law firms, news, personal injuries by sally

“While there is little public sympathy for solicitors the truth is that people will soon find it harder to claim compensation.”

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The Guardian, 21st March 2013

Source: www.guardian.co.uk

Law commissions urge tougher action on hidden charges – BBC News

“Consumers need more protection against hidden charges often tucked away in the
small print, according to two bodies responsible for promoting law reform.”

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BBC News, 19th March 2013

Source: www.bbc.co.uk

Update from the Chairman – The Bar Council

Posted March 18th, 2013 in barristers, consultations, fees, legal aid, news, public interest by sally

“These are remarkably difficult times for all the publicly-funded Bar. Whilst there is great concern and unrest at the criminal Bar, civil and family practitioners will see entire practice areas removed from the scope of legal aid in just a few weeks. The Bar Council has to watch and protect the interests of all practitioners.”

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The Bar Council, 15th March 2013

Source: www.barcouncil.org.uk

Streamlined employment tribunal system will “weed out weak claims” says Government – OUT-LAW.com

Posted March 18th, 2013 in claims management, employment tribunals, fees, news, striking out by sally

“The Government has set out plans to ‘streamline’ the employment tribunal system, which will include a new power to ‘strike out’ claims with little chance of success before they proceed to a full hearing.”

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OUT-LAW.com, 18th March 2013

Source: www.out-law.com

‘Unbundling’ the new craze as lawyer-backed family mediation service launches – Legal Futures

Posted March 18th, 2013 in dispute resolution, divorce, fees, legal aid, legal representation, news by sally

“A lawyer-backed service that supports divorcing couples during mediation, charging fixed fees to halve the cost, is being billed as a possible lifeline for family legal aid lawyers after 1 April.”

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Legal Futures, 18th March 2013

Source: www.legalfutures.co.uk

The future of personal injury – land of opportunity or time to get out? – Legal Futures

Posted March 14th, 2013 in fees, law firms, news, personal injuries by sally

“What many personal injury (PI) firms have long feared is finally upon us, and there is no turning back.”

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Legal Futures, 14th March 2013

Source: www.legalfutures.co.uk

Reform agenda to create “two-tier Bar”, with bulk of chambers to suffer – Legal Futures

Posted March 12th, 2013 in barristers, fees, legal aid, legal profession, news by sally

“Legal aid cuts, the Jackson reforms and the introduction of competitive tendering for criminal law work will split the Bar into a two-tier profession, with mid-sized generalist chambers set to suffer, a specialist Bar consultant has predicted.”

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Legal Futures, 12th March 2013

Source: www.legalfutures.co.uk

“Frantic” firms creating hump of CFA cases that will take years to clear, says QC – Litigation Futures

Posted March 8th, 2013 in fees, law firms, negligence, news, speeches by tracey

“The 1 April Jackson reforms start date is creating a ‘hump’ of conditional fee agreement (CFA) cases that will take years to clear the courts, a leading clinical negligence barrister has predicted.”

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Litigation Futures, 7th March 2013

Source: www.litigationfutures.com

Lettings agents ‘breaking the law’ by not revealing fees – The Independent

Posted March 5th, 2013 in consumer protection, fees, landlord & tenant, news, rent by sally

“Lettings agents have been accused of breaking the law by not revealing their fees to renters.”

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The Independent, 5th March 2013

Source: www.independent.co.uk

Gordon Brown’s PCC complaint against Sunday Times rejected – the Guardian

Posted March 4th, 2013 in codes of practice, complaints, expenses, fees, media, misrepresentation, news by sally

“Gordon Brown’s complaint to the Press Complaints Commission over a Sunday Times story about the more than £2m in fees and expenses received since he stepped down as prime minister has been rejected.”

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The Guardian, 4th March 2013

Source: www.guardian.co.uk

JR reaction: “a dark day” for accident victims, says APIL – Litigation Futures

Posted March 4th, 2013 in accidents, fees, judicial review, legal representation, news, road safety, victims by sally

“The High Court’s rejection of the challenge to the RTA portal fee cut represents ‘a dark day’ for accident victims, the Association of Personal Injury Lawyers (APIL) has claimed.”

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Litigation Futures, 4th March 2013

Source: www.litigationfutures.com

Bar Council calls for changes as peers prepare to vote on new CFA and DBA rules – Litigation Futures

Posted February 25th, 2013 in barristers, damages, fees, news, public interest, VAT by sally

“The government needs to deal with range of defects in the new rules for conditional fee agreements (CFAs) and damages-based agreements (DBAs), the Bar Council has urged ahead of a debate on them in the House of Lords tomorrow.”

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Litigation Futures, 25th February 2013

Source: www.litigationfutures.com

New CPR to be amended next month, rule committee chief reveals – Litigation Futures

Posted February 18th, 2013 in civil procedure rules, fees, news, proportionality, solicitors by sally

“There will be another statutory instrument (SI) next month to tidy up the one published last week with changes to the Civil Procedure Rules, after a warning that the new rule on proportionality could affect millions of pounds worth of work already done by solicitors.”

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Litigation Futures, 18th February 2013

Source: www.litigationfutures.com

LSB warns regulators over mis-selling risk with damages-based agreements – Litigation Futures

Posted February 15th, 2013 in consumer protection, costs, damages, fees, legal services, news by sally

“The Solicitors Regulation Authority, Bar Standards Board and other regulators must consider whether action is needed to ensure that damages-based agreements (DBAs) are not mis-sold to consumers, the Legal Services Board has warned.”

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Litigation Futures, 15th February 2013

Source: www.litigationfutures.com

Regina (Redcar and Cleveland Independent Providers Association and others) v Redcar and Cleveland Borough Council – WLR Daily

Posted February 7th, 2013 in care homes, elderly, fees, judicial review, law reports, local government, news by sally

Regina (Redcar and Cleveland Independent Providers Association and others) v Redcar and Cleveland Borough Council [2013] EWHC 4 (Admin); [2013] WLR (D) 44

“A dispute between care providers and a local authority over the rate due for supporting the care of the elderly in care homes was amenable to judicial review.”

WLR Daily, 17th January 2013

Source: www.iclr.co.uk

Information ‘reasonably accessible’ despite hefty charge – Panopticon

Posted February 1st, 2013 in fees, freedom of information, news, statistics by tracey

“In Davis v ICO and Health and Social Care Information Centre (case no. EA/2012/0175, judgment 24 January 2013) the First-Tier Tribunal applied the absolute exemption under section 21 of FOIA 2000 for information which is reasonably accessible to an applicant other than under section 1. The requested information consisted of health statistics which the public authority was willing to provide to the appellant under its publication scheme for a charge of £1,550. The appellant argued that the charge meant the information could not be considered to be reasonably accessible to a person of ordinary means.”

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Panopticon, 31st January 2013

Source: www.panopticonblog.com

Why government reforms on employment law make little sense – Law Society’s Gazette

“There were some statistics that private equity pioneer Adrian Beecroft did not include in his highly controversial report on employment law published last year. The number of claims brought by employees in employment tribunals fell from 236,000 in 2009-10 to 186,000 in 2011-12. The number of claims for both sex and age discrimination has almost halved. And the median award for most types of claim remains low, at around £5,000 (two months’ average pay). Given that these figures relate to a period of acute economic turbulence, they are counterintuitive.”

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Law Society’s Gazette, 28th January 2013

Source: www.lawgazette.co.uk

Rogue bailiff menace exposed as complaints soar – The Guardian

Posted January 28th, 2013 in bailiffs, complaints, debts, fees, news, professional conduct, regulations by sally

“The true scale of the problem posed by ‘lawless bailiffs’ is revealed as shocking figures show a sharp rise in complaints about their behaviour since the start of the banking crisis.”

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The Guardian, 27th January 2013

Source: www.guardian.co.uk

Silk cut: are QCs a luxury we can’t afford? – LegalVoice

Posted January 25th, 2013 in fees, legal aid, news, quality assurance, queen's counsel by tracey

“Criminal defence silk’s earnings from legal aid came into focus this week after Justice Secretary Chris Grayling gave strong indications he is considering targeting QCs, writes Elizabeth Davidson.”

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LegalVoice, 25th January 2013

Source: www.legalvoice.org.uk