The Association of Costs Lawyers (ACL) has been granted leave to intervene in the case of Coventry v Lawrence. The case will consider whether the recoverability of additional liabilities (ie success fees and ATE insurance premiums) under the Access to Justice Act 1999 infringed Article 6 of the European Convention on Human Rights and/or Article 1 of the First Protocol to the Convention.
Chairman of the ACL, Sue Nash, said…
“We see our role very much as not advocating for an outcome but just trying to make sure the court is fully appraised of how it all works in practice… ACL members have been at the forefront of the assessment of and advice and arguments in relation to recoverability and we want to give the Supreme Court the benefit of our practical experience … We believe the arguments in favour of incompatibility – including that it created an imbalance solely to the benefit of claimants – may be based on an incorrect or incomplete view of how the system worked before 1 April 2013 and are also concerned about the impact an adverse ruling by the court would have on the many pre-Jackson cases which are still being litigated“.
The ACL is represented by Roger Mallalieu of 4 New Square.
The case is before the Supreme Court on 9, 10 and 12 February.No tags for this post.