Contingency Fees

Objective

To consider and make recommendations as to:

  1. what if any, regulations ought to be made in the public interest under s. 58AA (3) and (4) of the Courts and Legal Services Act 1990
  2. what if any, rules of court in relation to assessment of costs ought to be made in the public interest under s. 58AA (6) of the Courts and Legal Services Act 1990
  3. what matters should be provided for in any DBAs

Outcome

Advice to the MOJ on issues of principle and practice regarding Contingency Fees Agreements (DBAs) to help promote their effective introduction and to lay the groundwork for the introduction of DBAs once the LASPO Bill is passed and brought into force.

A Working party of the Civil Justice Council has published a report on DBAs, which has provided an exploration of a range of issues to be addressed by the Ministry of Justice in drawing up regulations and determining the detail for the implementation of DBAs. in addition to the report, the Working party is publishing a range of annexes with supporting papers that helped inform their recommendations and may assist the Government further.

Members

Michael Napier CBE QC – Chair

Nicholas Bacon QC – Barrister 4 New Square

Duncan Campbell – CBI

Don Clarke – Forum of Insurance Lawyers

Richard Collins – Solicitors Regulation Authority

Peter Douglas – Bar Standards Board

David Greene – Law Society

Professor Rachel Mulheron – Civil Justice Council

Hardeep Nahal – Commercial Litigation Forum

John Spencer – Association of Personal Injury Lawyers

Peter Smith – Civil Justice Council

Colin Stutt – Formerly of the Legal Services Commission

Last updated: August 2012

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