*/
The recovery of success fees and after-the-event insurance premiums from losing defendants is compatible with the European Convention on Human Rights, the Supreme Court has ruled in a long-awaited judgment.
Coventry v Lawrence concerned the pre-Jackson costs recovery regime in the Access to Justice Act 1999 (AJA 1999), which has since been replaced by a different scheme under the Legal Aid Sentencing and Punishment of Offenders Act 2012, although the previous scheme continues to apply for many pending cases.
By a majority of five to two, the court held that the AJA 1999 costs regime, although flawed, provided a proportionate way of achieving access to justice.
The Master of the Rolls, Lord Dyson, and Supreme Court President, Lord Neuberger, said the scheme was justified by the need to widen access to justice to litigants following the withdrawal of legal aid.
Dissenting, Lord Clarke argued that the old regime unfairly discriminated against some classes of respondent.
The case concerned a noise nuisance claim by bungalow owners against the operators of nearby speedway track. The appellant bungalow owners proceeded on a CFA. After their success at trial the judge ordered the respondents to pay 60% of the appellants’ costs, which included 60% of the success fee and ATE insurance premium. They challenged the liability, claiming it infringed their fair trial rights under Art 6 of the Convention.
The Bar Council, which had intervened in the case, welcomed the decision as being in the best interests of clients and practitioners.
The recovery of success fees and after-the-event insurance premiums from losing defendants is compatible with the European Convention on Human Rights, the Supreme Court has ruled in a long-awaited judgment.
Coventry v Lawrence concerned the pre-Jackson costs recovery regime in the Access to Justice Act 1999 (AJA 1999), which has since been replaced by a different scheme under the Legal Aid Sentencing and Punishment of Offenders Act 2012, although the previous scheme continues to apply for many pending cases.
By a majority of five to two, the court held that the AJA 1999 costs regime, although flawed, provided a proportionate way of achieving access to justice.
The Master of the Rolls, Lord Dyson, and Supreme Court President, Lord Neuberger, said the scheme was justified by the need to widen access to justice to litigants following the withdrawal of legal aid.
Dissenting, Lord Clarke argued that the old regime unfairly discriminated against some classes of respondent.
The case concerned a noise nuisance claim by bungalow owners against the operators of nearby speedway track. The appellant bungalow owners proceeded on a CFA. After their success at trial the judge ordered the respondents to pay 60% of the appellants’ costs, which included 60% of the success fee and ATE insurance premium. They challenged the liability, claiming it infringed their fair trial rights under Art 6 of the Convention.
The Bar Council, which had intervened in the case, welcomed the decision as being in the best interests of clients and practitioners.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Born from a grievance, their research project grew into a book and is now challenging the status quo. Emma Price and Emma-Louise Fenelon reveal the key findings – and the critical next steps
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
