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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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