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Call for evidence – LASPO Part 2

17 July 2018

Our Civil Justice Committee will be submitting a formal response to the Ministry of Justice post-implementation review of LASPO part 2, and we need your help. Give us your views on the impact of the reforms by completing our short form. All submissions received will be anonymised. Please submit for your case studies and views to laspotwo@lawsociety.org.uk by 31 August.

The post-implementation review will review whether the package of reforms introduced in Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 has achieved its intended objective to control the costs of civil litigation. The range of reform include changes to:

  • Conditional Fee Agreements (CFAs): claimants are now required to pay their lawyer’s success fee out of any damages awarded to them. Success fees were also capped at 25 per cent for non-pecuniary damages in personal injury cases.
  • Damages Based Agreements (DBAs): allowing civil litigators to use DBAs, under which claimants recover their base costs from the defendant as usual, but are also responsible for paying any shortfall between the costs recovered and the DBA fee agreed with their lawyer.
  • After the Event insurance (ATE): making the claimant responsible for paying ATE insurance premiums.
  • Encourage the early settlement of claims by setting out sanctions and rewards for the making and acceptance of offers to settle.
  • Banning referral fees in personal injury cases.

We want to understand the impact the reforms have had on your firm, or in specific cases. We are also interested in any data you can provide on the differences in your practice pre and post the LASPO reforms.

You can also respond directly to the MoJ’s survey.

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