0930
Registration and coffee
1000
Chairman’s Introduction:
Taking control of costs, Jackson, CFAs and ATE Insurance
Gordon Wignall
Barrister, No 5 Chamber
Extensive experience of costs litigation, inc applications for group litigation orders, cost capping & CFA enforceability disputes. Editor of Law Society's "Guide to Conditional Fees". "Seen as a guru on costs" - Chambers.
1005
Question set 1: Jackson and Young
What will happen if the Government adopts the Jackson/ Young proposals and when?
Can judicial activism bring about change without legislation?
If proportionality of costs is to trump reasonableness, what happens to cases that require a lot of pre-action investigation?
Mark Harvey
Partner and Head of the Claimant Division, Hugh James
Is Past President of Cardiff + District Law Society, a member of the
Civil Justice Council and a former secretary of APIL. He is author of
the "APIL Guide to Conditional Fees". He focuses on advising personal
injury claimants in litigation involving medical devices, consumer products and overseas accidents.
1045
Question set 2:Alternative Business Models
How are Alternative Business Models developing in the face of the Legal Services Act 2007?
Whether banned or not, why are referral fees so embedded in the system that they are immovable and a fact of life?
If the success fee is not recoverable from the other side (and any such extra fee is recoverable from the client), how is this to be done? By way of third party funding, success fee or both)?
Kerry Underwood
Founding Partner, Underwoods Solicitors
Author of ‘No Win, No Fee, No Worries’ and ‘Fixed Costs 2’. Appears regularly on radio / tv /national press in relation to legal topics. Described in Chambers as ‘the world’s leading authority on conditional fees’ .
1125
Morning Coffee
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Format for the day:
With the help of 63 leading practitioners, we have developed a series of thorny questions where a forthright discussion will be of benefit..
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Each expert speaker will give a highly focussed 25-minute presentation, followed by 15 minutes for questions and discussion between the audience and speaker. |
1140
Question set 3:
CFAs
What does the future hold for firms that use CFAs as a core funding agreement?
By what margin could the end to recoverability of success fees and ATE premiums reduce fee income?
How can firms position themselves so as to fill any potential income gap and continue to prosper?
David Marshall
Managing Partner, Anthony Gold Solicitors
Author of 'Compensation for Stress at Work', co-author of 'Conditional Fees: Law & Practice', 'Law Society’s Civil Litigation Handbook'. Appointed a member of the Civil Justice Council's Costs & Funding sub-committee. Ranked as one of the top solicitors in London in the field of personal injury by Chambers 2011, described as "highly intelligent, calm, experienced and cool in a crisis".
1220
Question set 4: ATE insurance
Are single premium ATE products still appropriate in light of the MOJ process?
If so, what is a fair premium? If not, how should premiums be staged?
In which circumstances can ATE policies with staged premiums be challenged by the defendant?
Simon Brown
Crown Office Chambers
Recommended as a leading junior in both Legal 500 and Chambers UK for costs. He’s described as “an excellent advocate who knows the subject intimately” and is noted for his "energy and thoroughness" - Chambers.
1300
Lunch
5.5
Law Society
CPD hours |
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1400
Question set 5: Disclosure of commission
Are solicitors &/or intermediaries obliged to disclose arrangements regarding commission?
Can disclosure be expected to impact on recoverability?
To what extent can you enforce against ATE insurers via the third party rights against insurers act?
Roger Mallalieu
Barrister, 4 New Square
Is known as a "rising star' (Legal 500) in the costs world; He speaks with "great authority" (Chambers) and has extensive experience of all aspects of costs litigation.
1440
Question set 6:Cost management
What is the financial consequence of cost budgeting/cost capping likely to be?
Is it possible to create an accurate budget in the short time allowed?
How easy will it be to apply for an amendment if the budget is exceeded?
What happens to cases that require a lot of pre-action investigation?
Michael Bacon
Director, A&M Bacon
Is on the ALC's Council and contributes to publications including Greenslade on Costs, The Litigation Practice and The Legal Aid Practice Manual. He is also the Co-Editor of the Costs Law Reports.
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1520
Question set 7:Solicitor selection
What is the current position regarding clients choosing their own solicitors pre-issue of proceedings?
In practice, is the current situation at odds with the ECJ decision in "Erschig?"
What is best advice when a client has ATE insurance but the provider will not cooperate with the nominated representative?
Edward Broome
Crown Office Chambers
One of the UKs up-and-coming cost lawyers. Widely
respected for his mixed claimant & defendant practice.
1600
Close of Conference
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