The question of when a trial starts, as a trigger for an additional costs payment, has been an issue for some time, coming to the fore under the pre-LASPO success
fee regime where a higher success fee was payable where a case concluded at trial.
The question of when a trial starts, as a trigger for an additional costs payment, has been an issue for some time, coming to the fore under the pre-LASPO (Legal Aid, Sentencing and Punishment of Offenders Act 2012) success
fee regime where a higher success fee was payable where a case concluded at trial.
Not exact matches
ATE has its roots in the personal injury sphere
where it developed alongside the conditional
fee agreement «
regime».
In relation to trade union funding of cases the inadequacy of the Scottish
regime is highlighted in chapter 14 of the Scottish Courts Review at para 97 «it is understood that some trade unions have special arrangements that do not fit the normal model for speculative
fee agreements, in that success
fees are not charged
where the claim is successful and neither the defenders nor the pursuer's legal costs are charged to the pursuer if he is unsuccessful, these being met either by the union itself or the solicitors».
It is clear that the English claimant expects to recover 100 % of their damages under the present
regime, unlike the situation in Scotland
where it is normal for there to be a percentage deduction to cover a success
fee / insurance premium.
Where, then, did the majority find its justification for striking down the court -
fees regime?
Litigator graduated
fees (LGF) apply to all cases
where the representation order is dated on or after 14 January 2008, and which do not fall within the very high cost case (VHCC) funding
regime.
It is perhaps more likely that the government will issue a consultation paper and then bring in a lower level
fees regime, or possibly a structure
where fees are payable by the employer.
It appears that we may be presently in a period of trading for solicitors
where existing cases are gradually being concluded and
fees paid under the terms of the pre-April 2013
regime.