*/
Referral fees lead to bad service and should not be permitted for barristers or other lawyers, while putting a limit on costs in advance is “neither necessary nor appropriate”, the Bar Council has said in its response to the Jackson review on the costs of civil litigation.
Claimants should continue to be able to recover 100 per cent of their damages award and should not see those damages reduced by unrecoverable but reasonably incurred costs, according to a Bar Council working group, chaired by Michael Todd QC, who led the response. The general rule that the loser pays the winner’s costs was “fair and effective”, the group concluded.
On case management, the group said there was no single approach that was appropriate and it was important instead to have a flexible system.
Lord Justice Jackson published his Preliminary Report on the costs of civil litigation in May, with a final report expected at the end of 2009. The Chairman of the Bar Council, Desmond Browne QC, said: “It is clear to me that whatever the future of conditional fee agreements, we need to be considering innovations in funding as well as adapting current funding models.”
Former Chairman of the Bar, Guy Mansfield QC’s discussion paper on whether a Contingency Legal Aid Fund (“CLAF”) could be established has also been published. He found CLAF to be a viable project, and that different approaches might suit different areas—defamation might benefit from a “boutique CLAF”, while personal injury and clinical negligence raised different issues
Lord Justice Jackson published his Preliminary Report on the costs of civil litigation in May, with a final report expected at the end of 2009. The Chairman of the Bar Council, Desmond Browne QC, said: “It is clear to me that whatever the future of conditional fee agreements, we need to be considering innovations in funding as well as adapting current funding models.”
Former Chairman of the Bar, Guy Mansfield QC’s discussion paper on whether a Contingency Legal Aid Fund (“CLAF”) could be established has also been published. He found CLAF to be a viable project, and that different approaches might suit different areas—defamation might benefit from a “boutique CLAF”, while personal injury and clinical negligence raised different issues
Referral fees lead to bad service and should not be permitted for barristers or other lawyers, while putting a limit on costs in advance is “neither necessary nor appropriate”, the Bar Council has said in its response to the Jackson review on the costs of civil litigation.
Claimants should continue to be able to recover 100 per cent of their damages award and should not see those damages reduced by unrecoverable but reasonably incurred costs, according to a Bar Council working group, chaired by Michael Todd QC, who led the response. The general rule that the loser pays the winner’s costs was “fair and effective”, the group concluded.
On case management, the group said there was no single approach that was appropriate and it was important instead to have a flexible system.
Update from the Chair of the Bar
By Clement Cowley, Partner at The Penny Group
Modernising communication and collaboration at a leading Chancery set. A Zexi case study
How to build profile without compromising professional duties. By Naumaan Farooq, Co-Founder of Inked PR
Marie Law, Director of Toxicology at AlphaBiolabs, examines the role of cut-off levels, and the wider range of factors that must be considered when interpreting results for family court proceedings
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Lauren Fullerton examines the how, what and why of setting up a second chambers base
