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19 April 2016 / David Cooper
Issue: 7695 / Categories: Features , Costs , Budgeting
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Switched on

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

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NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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