Litigation landscape in 2013


We previously reported on a number of key changes to litigation funding envisaged by Lord Justice Jackson in his Review of Civil Litigation Costs. The proposed changes are sweeping, not least in  relation to the possible methods open to litigants in order to fund potential claims. As such the reforms warrant further review in anticipation of what is ahead in 2013.

One of the best-known of the reforms is that success fees under Conditional Fee Agreements (CFAs) (otherwise known as “no win, no fee” agreements) and After the Event (ATE) Insurance premiums, both of which at present are recoverable from the losing party in an action, will no longer be so recoverable. Instead, such costs will be the responsibility of the successful party.

There will be a multiplicity of other changes, however. Arguably one of the most significant will be the introduction of “Qualified One-Way Costs Shifting”…

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