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21 May 2009
Issue: 7370 / Categories: Legal News , Damages , Costs , Employment
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Straw to regulate CFAs

Costs

The Ministry of Justice (MoJ) is clamping down on “contingency fee agreements”, where “no win no fee” lawyers extract a large proportion of their client’s damages for excessive legal fees.

The damages-based arrangements are most common in employment tribunal proceedings and are largely unregulated. The MoJ intends to use the Coroners and Justice Bill, currently before Parliament, to introduce proper regulation to protect against unfair or unreasonable agreements.

The new regulations are likely to include: a cap on the percentage of damages that can be recovered by the legal representative; a requirement that legal representatives provide claimants with clear and transparent information on total costs; a requirement that legal representatives clarify the deductions made from the claimant’s award which are to go to the representative as their fee for taking on the case; and a requirement that they provide explicit information on alternative methods of funding.

The justice secretary, Jack Straw, says: “These arrangements—unlike, for example, conditional fee agreements—have been without statutory regulation because of an anomalous and long standing interpretation of the law which has classified proceedings in employment tribunals as ‘non-contentious’.”

The department is due to publish a consultation paper with more details.

(For more on costs see this issue pp 737–748.)

Issue: 7370 / Categories: Legal News , Damages , Costs , Employment
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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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