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11 June 2015 / Ben Summerfield , Kirsty O'Connor
Issue: 7656 / Categories: Features , Profession , Costs
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Will the alternative become the norm? (Pt 2)

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Ben Summerfield & Kirsty O’Connor return to explore why the legal profession has been reluctant to embrace alternative fee arrangements

In our previous article, we reviewed the main alternative means of paying for, or financing, litigation costs following the Jackson reforms (“Will the alternative become the norm?”, NLJ, 15 May 2015, pp 19-20). We suggested that there are still a significant number of practitioners largely unaware of the options available, and who still think of fee arrangements as nothing other than a discussion about the actual hourly rate charged.

In this article, we explore some of the opportunities and challenges presented to lawyers and clients by alternative fee structures and ask whether they do, in reality, pose a threat to the traditional hourly rate.

Fixed/capped fees

Fixed fees, frequently set by reference to the stage of the proceedings, can be attractive to clients who are able to absorb the cash flow demands of litigation,

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MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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