REUTERS | Dominic Ebenbichler

It is now more than eight years since Sir Rupert Jackson published the final report in his Civil Litigation Review, which recommended sweeping reforms to how litigation is funded. It is more than five years since those reforms were implemented, in large part, via Part 2 of the inaptly named (for these purposes) Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). The government’s recently launched post-implementation review of the legislation gives those affected by the reforms an opportunity to say what is, and isn’t, working via an online survey. Continue reading

REUTERS | Thomas Mukoya

The introduction of damages-based agreements (DBAs) as part of the Jackson reforms did not have the immediate impact on law firm retainers that some may have expected. Whilst most lawyers would have been attracted by the potential for huge returns in successful cases, the early years saw few firms willing to step into what they considered to be a minefield. Their reticence was due, in part, to concerns about the drafting of the DBA Regulations and, in particular, the inability to offer “hybrid” or partial no win, no fee arrangements. Continue reading

REUTERS | Pilar Olivares

In Phonographic Performance v Abimbola Balogun t/a Mama Africa, Miss Penelope Reed QC (sitting in the High Court) determined the defendant’s appeal of Master Price’s refusal to set aside a summary judgment against him. The claim was brought by Phonographic Performance for infringement of copyright – Mr Balogun having allowed DJs to play music at private parties on his restaurant premises. Continue reading

REUTERS | Marcos Brindicci

The question of whether a reduction in hourly rates for incurred costs is a good reason to do the same to budgeted costs is a big one at the moment, absent higher court authority. Recently, Master Rowley in the Senior Courts Costs Office (SCCO) had his say, and joined what seems to be the majority view among judges to date that it is not. Continue reading