A circuit judge had no discretion to refuse a 10 per cent uplift to successful legally-aided claimant, because their claim did not fall within the singular Simmons v Castle exception.
The Court of Appeal has ruled that costs awarded to successful Part 36 claimants in RTA portal claims can be recovered on the indemnity basis and not limited to the less generous fixed costs regime.
Litigants may be forced to choose between abandoning claims or representing themselves if LAA funding decisions cannot be made within appeal timeframes – even for judicial review claims.
HHJ Pelling QC exercises caution in the absence of "express or implied agreement of the parties" to indicate whether, or not, he would have been prepared to approve an increase in the Defendant's approved costs budget had an application been made pre trial.
CFA rendered unenforceable due to its failure to comply with the Conditional Fee Agreements Order 2013 following assignment
Claimant permitted to switch to a CFA / ATE arrangement, despite their previously-obtained CLS funding certificate remaining in force
A claimant’s decision to surrender their legal aid funding in favour of a CFA rendered unreasonable due to their solicitor’s failure to give advice regarding the post LASPO landscape
Access to Justice Act costs rules did not breach ECHR, court decides in majority verdict
Warby J reduces defendant’s proposed legal budget by more than a quarter, claiming the reduced sum will still allow them to undertake a “proper” defence.
The complex and financially onerous ECF application process has undermined the regime’s LASPO safety net, says Collins J
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