Conditional fee agreements
Following suggestions for improvements by members, our expert working group and leading costs counsel, we have amended the original model conditional fee agreement (CFA) and expanded the CFA guide.
We will also shortly be publishing a formal practice note to accompany the model CFA and a model CFA for use in non personal injury matters.
Damages based agreements
Since 1 April damages based agreements (DBAs) have been available as a method of funding for the first time in civil litigation.
The Society has serious concerns about the drafting of the DBA regulations and the enforceability of such agreements in certain situations. We understand that the Ministry of Justice (MoJ) is considering suggestions which have been to them for improvements.
Consequently the Law Society has temporarily suspended work on a model DBA until such times as we can obtain further clarification from the MoJ.
Work has, however, commenced on a DBA practice note but this is likely to contain a number of warnings and caveats about the use of DBAs until such time as the regulations have been amended.
In light of this we urge members to think very carefully about entering into such agreements with their clients until such time as the regulations have been amended.
Case management and costs budgeting
We have had reports that the courts have been imposing severe sanctions for failure to comply with case and costs management directions. This was to be expected and to help you avoid many of the pitfalls His Honour Judge Simon Brown QC has kindly given permission for his Case Management Conference notice and checklist to be made available to Law Society members.
While this document is primarily for use in the Mercantile Court in Birmingham it is widely expected that it will be adapted for use in other courts and in the meantime should serve as a useful guide.