| 1 | After the event insurance (for policies taken out before 1 April ... Solicitors have a duty to discuss with their clients how and when costs are to be met, and whether a client’s liability for their own or other parties’ costs may be insured. This note aims to explain: What after the event (ATE) insurance is. The circumstances in which it is available. How to deal with insurance companies, the procedural requirements and recoverability of the insurance premium. It concludes with a list of the principal advantages and disadvantages of ATE insurance to a client. Note that: On 1 April 2013 the majority of the Jackson/civil litigation reforms came into force. As a result of these changes, ATE insurance premiums are no longer recoverable from the other side unless the policy was taken out before 1 April 2013, or it relates to the following types of cases: Insolvency-related proceedings. Publication and privacy proceedings. A mesothelioma claim. (the excepted cases.) This note relates to ATE insurance arrangements made before 1 April 2013 and in the excepted cases. | Practice note: overview | Maintained |
| 2 | After the event insurance (for policies taken out from 1 April ... Solicitors have a duty to discuss with their clients how and when costs are to be met, and whether a client’s liability for their own or other parties’ costs may be insured. This note aims to explain: What after the event (ATE) insurance is. The circumstances in which it is available. How to deal with insurance companies and the procedural requirements. It concludes with a list of the principal advantages and disadvantages of ATE insurance to a client. On 1 April 2013, the majority of the Jackson/civil litigation reforms came into force. As a result of these changes, where the ATE policy is entered into on or after 1 April 2013, the ATE premium will no longer be recoverable from the other side, save in excepted cases. For a summary of ATE insurance in the excepted cases, see Practice note: After the event insurance (for policies taken out before 1 April 2013 and in the excepted cases). | Practice note: overview | Maintained |
| 3 | Conditional fee agreements entered into before 1 April 2013 ... This note gives an overview of the different questions and issues which can arise in a conditional fee agreement (CFA) that was entered into before 1 April 2013, or before or after that date in the following types of cases (the excepted cases): Insolvency-related proceedings. Publication and privacy proceedings. A mesothelioma claim. It explains what a CFA is, the requirements for creating a valid CFA, and their effect on assessment of costs. It concludes with a section on the implications of CFAs for law firms, their clients and other parties, and a troubleshooting section. Note that: On 1 April 2013, the majority of the Jackson/civil litigation reforms came into force. As a result of these changes, where a CFA is entered into on or after 1 April 2013, any success fee under that CFA will no longer be recoverable from the other side, save in the excepted cases. For an overview of CFAs entered into from 1 April 2013 (other than in the excepted cases), see Practice note, Conditional fee agreements entered into from 1 April 2013: an overview. | Practice note: overview | Maintained |
| 4 | Conditional fee agreements entered into from 1 April 2013: an ... This note gives an overview of the different questions and issues which can arise when considering entering into a conditional fee agreement (CFA). It applies to CFAs entered into on or after 1 April 2013, with a few exceptions (the excepted cases). It explains what a CFA is and the requirements for creating a valid CFA. It concludes with a section on the implications of CFAs for law firms, their clients and other parties, and a troubleshooting section. Note that: On 1 April 2013, the majority of the Jackson/civil litigation reforms came into force. As a result of these changes, where a CFA is entered into on or after 1 April 2013, any success fee under that CFA will no longer be recoverable from the other side, save in the excepted cases. For an overview of CFAs entered into before 1 April 2013 and in relation to the excepted cases, see Practice note, Conditional fee agreements entered into before 1 April 2013 and in the excepted cases: an overview. | Practice note: overview | Maintained |
| 5 | Damages-based agreements in civil litigation (other than ... A damages-based agreement (DBA) is a form of "no win, no fee" arrangement between a representative and a client, whereby the representative's agreed fee is contingent on the success of the case and is determined as a percentage of the compensation received by the client. If the client is unsuccessful, the representative will not be paid for the work done under the DBA. This note describes the statutory and regulatory framework for DBAs. It then describes the requirements for DBAs in contentious matters (but not employment tribunal matters), including how the contingency fee should be calculated, what the solicitor must tell the client and the principal requirements when drafting a DBA. It goes on to consider the uncertainties about how DBAs will work in practice. It concludes by listing some of the implications of DBAs for law firms. | Practice note: overview | Maintained |
| 6 | Funding options for civil litigation in England and Wales This note summarises the different methods of funding that may be available to a party to civil litigation in England and Wales. These are alternative funding options to the traditional private client retainer between client and solicitor. It also summarises the client care responsibilities of solicitors to provide information about costs and funding options. | Practice note: overview | Maintained |
| 7 | Jackson LJ's Review of Civil Litigation Costs: Final Report A detailed note on Lord Justice Jackson's final report following his review of civil litigation costs which was published on 14 January 2010. This note summarises the issues considered by Jackson LJ and sets out his recommendations. It also comments on the potential impact of the recommendations and includes views from a number of leading practitioners. It links to two short notes setting out our views as to when each of the recommendations is likely to take effect generally and for specific litigation. | Practice note: overview | 27-Jan-2010 |
| 8 | Multi-party disputes: toolkit A guide to PLC's materials on multi-party disputes, including group litigation and collective redress in the EU. | Practice note: overview | Maintained |
| 9 | Multi-party litigation: overview This note provides an overview of the main procedures used for multi-party litigation. It covers the avenues under the Civil Procedure Rules (CPR), including: Multiple joint claims. CPR 19.6 "same interest" claims. Group litigation orders. This note also considers alternative procedures, such as investor class actions in the US and derivative actions in England and Wales. Finally, the note looks at what changes are in the pipeline for multi-party litigation in the future. | Practice note: overview | Maintained |
| 10 | Champerty, maintenance and funding This note considers the relevance of the rules against champerty and maintenance to the funding of modern litigation. It describes the common law rules on champerty and maintenance, and the statutory modifications to them, and then identifies the situations in which the rules against maintenance and champerty may still apply. It goes on to look at the implications for solicitors and barristers, as well as for different types of third party funders. Finally, it considers the regulation of third party funding. Note that: On 1 April 2013, the majority of the Jackson/civil litigation reforms came into force. As a result of these changes, damages-based agreements, a form of contingency fee agreement, are now permitted for civil litigation (see Statutory modifications). | Practice notes | Maintained |
| 11 | Collective redress: legislation tracker A practice note charting developments relating to collective redress in chronological order. | Practice notes | Maintained |
| 12 | Conditional fee agreements entered into before 1 April 2013 ... This practice note looks at how assessments of costs in litigation (both summary and detailed) work when there is a conditional fee agreement (CFA) with a success fee or legal expenses insurance that was entered into before 1 April 2013, or before or after that date in the following types of cases (the excepted cases): Insolvency-related proceedings. Publication and privacy proceedings. A mesothelioma claim. It considers the limits on recovery in these circumstances, the factors which the court will take into account when assessing costs, and the possibility of applying for a costs capping order. It does not cover the situation where disputes are settled without litigation or without costs being assessed. In those situations, the parties are free to agree the amounts of costs to be paid. Note that: On 1 April 2013, the majority of the Jackson/civil litigation reforms came into force. As a result of these changes, where a CFA is entered into on or after 1 April 2013, any success fee under that CFA will no longer be recoverable from the other side, save in the excepted cases. This has a significant impact on costs assessments in those cases (see Practice note, Conditional fee agreements entered into from 1 April 2013: costs assessments). | Practice notes | Maintained |
| 13 | Conditional fee agreements entered into from 1 April 2013 ... This practice note looks at assessments of costs in litigation when there is a CFA. It applies to CFAs entered into on or after 1 April 2013, with a few exceptions (the excepted cases). It does not cover the situation where disputes are settled without litigation or without costs being assessed. In those situations, the parties are free to agree the amounts of costs to be paid. Note that: On 1 April 2013, the majority of the Jackson/civil litigation reforms came into force. As a result of these changes, where a CFA is entered into on or after 1 April 2013, any success fee under that CFA will no longer be recoverable from the other side, save in the excepted cases. This has a significant impact on costs assessments. For information on costs assessments where the CFA was entered into before 1 April 2013 and in relation to the excepted cases, see Practice note, Conditional fee agreements entered into before 1 April 2013 and in the excepted cases: costs assessments. | Practice notes | Maintained |
| 14 | Implementation of Jackson LJ's recommendations: when will ... This note tracks the implementation of each of Lord Justice Jackson's recommendations for reform of civil litigation costs (including those not formally presented as recommendations). The note links to a separate note dealing with recommendations for specific types of litigation. | Practice notes | Maintained |
| 15 | Jackson Live: judicial implementation of the Jackson/civil ... A table setting out case law relating to the Jackson/civil litigation reforms, which came into force on 1 April 2013. | Practice notes | Maintained |
| 16 | Jackson/civil litigation reforms: destination tables These destination tables set out all of the CPR provisions and paragraphs of the practice directions that were amended, revoked or inserted on 1 April 2013, as part of the Jackson/civil litigation reforms. | Practice notes | Maintained |
| 17 | Jackson/civil litigation reforms: transitional provisions This table sets out the provisions of the CPR and practice directions that are affected by transitional provisions and exceptions as part of the Jackson/civil litigation reforms. | Practice notes | Maintained |
| 18 | Legal Aid, Sentencing and Punishment of Offenders Act 2012 ... A tracker outlining the progress of the Legal Aid, Sentencing and Punishment of Offenders Bill 2010-12 (now the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)). | Practice notes | Maintained |
| 19 | Litigation by insolvent companies: issues to consider before ... A practice note on the issues to be considered when litigation is pursued on behalf of an insolvent company. It deals with the types of claim that may be available in corporate insolvency (whether administration, liquidation or receivership), the need for sanction, the claimant's potential liability for costs, funding options and settlement of claims. | Practice notes | Maintained |
| 20 | Looking ahead tracker: developments in dispute resolution A tracker outlining anticipated key developments in litigation and alternative dispute resolution (ADR). | Practice notes | Maintained |
| 21 | Solicitors' Code of Conduct 2007 This Practice note provides an overview of the Solicitors' Code of Conduct 2007, which came into force on 1 July 2007 and applies to all solicitors practising in England and Wales. The Code replaced the rules of professional conduct contained in the Solicitors Practice Rules 1990 with effect from 1 July 2007. Note: The Solicitors Regulation Authority (SRA) Handbook, which is fully in force from 6 October 2011, replaces the Solicitors' Code of Conduct 2007. PLC has published the following Practice notes on the SRA handbook: SRA Handbook 2011 and Code of Conduct. SRA Handbook 2011 and Code of Conduct: issues for property lawyers. SRA Handbook: ten top things for in-house lawyers to think about. | Practice notes | 05-Oct-2011 |
| 22 | Success fees in conditional fee agreements entered into ... This note explains what a success fee is and how to calculate a success fee, outlines the legal requirements for success fees, and discusses the recoverability of success fees in litigation where the conditional fee agreement (CFA) was entered into before 1 April 2013, or before or after that date in the following types of cases (the excepted cases): Insolvency-related proceedings. Publication and privacy proceedings. A mesothelioma claim. Note that: On 1 April 2013, the majority of the Jackson/civil litigation reforms came into force. As a result of these changes, where a CFA is entered into on or after 1 April 2013, any success fee under that CFA will no longer be recoverable from the other side, save in the excepted cases. For more information on success fees in those cases, see Practice note, Success fees in conditional fee agreements entered into from 1 April 2013. | Practice notes | Maintained |
| 23 | Success fees in conditional fee agreements entered into from ... This note considers the legal requirements for success fees, where the conditional fee agreement (CFA) was entered into on or after 1 April 2013, with a few exceptions (the excepted cases). Note that: On 1 April 2013, the majority of the Jackson/civil litigation reforms came into force. As a result of these changes, where a CFA is entered into on or after 1 April 2013, any success fee under that CFA will no longer be recoverable from the other side, save in the excepted cases. For more information on recoverable success fees, see Practice note, Success fees in conditional fee agreements entered into before 1 April 2013 and in the excepted cases. | Practice notes | Maintained |
| 24 | Third party funding for international arbitration claims: practical ... This note considers the growth of third party funding in international arbitration. It summarises some of the benefits and risks of third party funding for claimants in arbitration and provides guidance on how to manage those risks. The note describes the process of obtaining funding and gives practical tips for parties entering into a funding agreement. | Practice notes | Maintained |
| 25 | Third party litigation funding in England and Wales: an ... Third party funding, also known as litigation funding, is where a third party (with no prior connection to the litigation) agrees to finance all or part of the legal costs of the litigation, in return for a share of any money recovered by the funded litigant. This practice note considers how third party funding works, the circumstances in which a litigant might wish to use third party funding, the ethical issues that might arise, the type of proceedings for which funding might be available and what that funding might cover, the prerequisites that a funder is likely to look for and how to apply for third party funding. It concludes by looking at the future of third party funding. | Practice notes | Maintained |