Contingency Fees
Objective
To consider and make recommendations as to:
- 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
- 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
- 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