CFAs and the cancellation of contract regulations This particular case concerned the Judgment on a preliminary point in Detailed Assessment proceedings, regarding The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 and the application of the same to a CFA that limited the costs that the Solicitor could…
Overview by Vikki Weinrich-Cooke This case involved issues relating to a Claimant’s freedom to instruct a solicitor of his own choosing as provided for under EU Directive and Statute. The circumstances at first instance related to the Appellants’ restriction of freedom of choice as prescribed by Statute. The Appellants had the benefit of Legal Expenses…
BTE insurance is taken out before an actionable event has occurred in order to insure against the risk of future legal costs. It is often purchased as an ‘add-on’ to existing policies. The majority of people who purchase this are not aware of the coverage it provides and rarely make use of it. Whilst the government…
Provisional Assessment of Costs has been on trial in a number of Courts for some time and is going to be extended under the new Civil Procedure Rules coming into effect from 1 April 2013. Provisional assessment is going to be covered by CPR 47.15 and applies to detailed assessment proceedings commenced in the High…
RTA/EL/PL Portals: The Road Traffic Accident Protocol applies to all claims for damages arising from a Road Traffic Accident (RTA); in the new version, the use of the portal is mandatory with the upper limit being set at £25,000.00 (the old upper limit had been £10,000.00). If at any point during the proceedings, the Defendant…
RTA/EL/PL Portals: The Road Traffic Accident Protocol applies to all claims for damages arising from a Road Traffic Accident (RTA); in the new version, the use of the portal is mandatory with the upper limit being set at £25,000.00 (the old upper limit had been £10,000.00). If at any point during the proceedings, the Defendant…
Referral fees will be banned in personal injury cases by virtue of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Sections 56 to 60 of LASPO make it a regulatory offence to pay or received referral fees in personal injury cases. Rules against referral fees Section 56 states that a regulated person…
A much anticipated Court of Appeal ruling has been made public today where it upheld a stringent judgment in a landmark case which establishes the court’s post-Jackson hardline approach to costs budgeting. In a judgment released this morning, the court refused relief from sanctions to the firm representing Andrew Mitchell in his libel action over…
The guideline hourly rates (GHR) should be increased by nearly a fifth if access to justice is going to be protected, the Association of Personal Injury Lawyers (APIL) has claimed. Meanwhile, City solicitors have accused the Civil Justice Council (CJC) costs committee investigating the GHR of pursuing a “flawed” approach that, if implemented, could reduce…
This case addresses the issue of the applicability and effect of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008. The 2008 regulations apply to agreements for credit, goods or services made during a visit by the provider of that credit, those goods or services unless exempted. Solicitors’…