The Damages-Based Agreements Regulations 2013

The Ministry of Justice has published the draft Damages-Based Agreements Regulations 2013, which come into force on 1st April 2013.

The draft Regulations make it clear that, save in respect of employment matters, the payment from a client’s damages shall be the sum agreed to be paid (capped at 25% in personal injury cases and 50% in any other claim or proceedings to which the Regulations apply) net of any costs (including fixed costs) payable to the representative by another party in the proceedings. Counsel’s fees are within the cap in all cases, save for employment matters.

New Member of Team

We are pleased to announce a further new member of our rapidly expanding team, Tracy Simmonds who joins us from the in house costing department of a leading personal injury firm.

Window of opportunity to influence the hourly rates review

The committee reviewing the guideline hourly rates – which were last increased in 2010 – is set to issue a short call for evidence next month and it is vital that practitioners participate in the process, the Association of Costs Lawyers has warned.

The Civil Justice Council hopes to issue a call for evidence at the beginning of November, with a deadline of the end of the month for responses. 

See the full Litigation Futures article.

The Conditional Fee Agreements Order 2013

The Ministry of Justice has published the draft Conditional Fee Agreements Order 2013, which comes into force on 1st April 2013. Transitional provisions have been included to make clear that the 25% cap on the success fee that lawyers can take from personal injury clients’ damages, excluding those for future care and loss, does not apply to CFAs entered into before 1st April, but only if:

(a) the agreement was entered into specifically for the purposes of the provision to a person (“P”) of advocacy or litigation services in connection with the matter which is the subject of the proceedings; or

(b) advocacy or litigation services were provided to P under the agreement in connection with those proceedings before that date. 

New Member of Team

We are pleased to welcome to the team our newest recruit, James Wilson, who joins us as a trainee.