header-logo header-logo

Switched on

19 April 2016 / David Cooper
Issue: 7695 / Categories: Features , Costs , Budgeting
printer mail-detail

David Cooper examines a hot costs issue

Switching a clinical negligence claimant from legal aid to a conditional fee agreement (CFA) may have seemed like a good idea at the time, but years down the line, it is now causing various law firms significant problems. Suddenly, it has become the hot costs issue of the day.

The most high-profile cases of late have been challenges by the NHS Litigation Authority to such transfers made ahead of the Jackson reforms. According to the authority, it has now saved £500,000 in additional liabilities in four cases where the court held that the firm involved failed to give sufficient advice on the implications of losing the 10% uplift in general damages that came as part of the reforms. There are, it says, many more such cases in the pipeline.

Backing

But not all cases are like this. In January, the High Court backed a ruling by Master Rowley from the Senior Courts Costs Office (SCCO) that allowed a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll