Cross-border litigation: international perspectives

We are pleased to release the third issue of our periodic publication "Cross-Border Litigation", designed to highlight legal and practical issues specific to litigation with an international aspect. Tapping into the expertise of the firm's leading commercial litigators across the… Read more

Article published on the future for Damages-Based Agreements

In early September the Civil Justice Council issued its report on DBAs, which makes a number of drafting and policy recommendations aimed at improving and clarifying the statutory regime governing DBAs. Maura McIntosh, who was a member of the CJC working group, has… Read more

Claim assigned to SPV not struck out as champertous

The High Court has refused to strike out a claim as champertous where it had been assigned to an LLP in which the assignor had a one-third interest and which had been formed to pursue the assigned claim (and other similar claims): JEB Recoveries LLP… Read more

Litigation funders ordered to pay indemnity costs

A High Court decision handed down yesterday (23 October) has significant implications both for third parties who fund litigation on commercial terms and for defendants who face claims brought with the benefit of such funding: Excalibur Ventures LLC v Texas Keystone Inc and… Read more

Jackson reforms to apply to insolvency proceedings from April 2015

According to press reports this week, the insolvency exception to the Jackson reforms will end next April, meaning that CFA success fees and ATE insurance premiums will no longer be recoverable in proceedings brought by liquidators, administrators, trustees in bankruptcy, or companies… Read more

Jackson reforms now in force

The long-awaited Jackson reforms have come into force today, 1 April 2013. The reforms will bring about major changes to civil litigation in England and Wales. However, as today is Easter Monday and therefore a bank holiday in England and… Read more

Draft Damages-Based Agreements Regulations have surprising implications

The government yesterday published the draft Damages-Based Agreements (DBA) Regulations 2013, which were laid before Parliament on 21 January. Subject to approval by resolution of each House of Parliament, the Regulations will come into force on 1 April this year. As drafted, the Regulations appear to… Read more

50% cap on contingency fees for commercial cases

The government has given further details of its plans to introduce contingency fees, or “damages based agreements” (DBAs), for civil litigation. It has said that in non-personal injury claims (excluding employment tribunal cases) there will be a 50% cap on… Read more

Working party recommends no cap on contingency fees for commercial cases

The working party set up to consider fundamental issues relating to the planned introduction of contingency fees, or “damages based agreements” (DBAs), published its report and recommendations on Friday (3 August). The key recommendations affecting commercial clients are: There should not be a cap… Read more

Delay to implementation of Jackson reforms in insolvency cases

In a written ministerial statement to Parliament yesterday, 24 May, the government has announced that CFA success fees and ATE insurance premiums will continue to be recoverable in insolvency proceedings until April 2015. Recoverability in all other types of case is… Read more

Legislation bringing in Jackson reforms becomes law

The government’s Legal Aid, Sentencing and Punishment of Offenders Bill, which (among other things) implements key aspects of the Jackson reforms, yesterday received Royal Assent and so has become law. The changes being introduced under the Act include: removing the restrictions on… Read more

Opt-out class action proposed for competition claims

On Tuesday (24 April) the government published its anticipated consultation on competition law private actions, including radical proposals for a new "opt-out" collective action for competition claims on behalf of both consumers and businesses in the Competition Appeal Tribunal (CAT). Under an opt-out… Read more