Champerty

The decision of the Court of Appeal last week holding that it was lawful for a solicitor to bear the risk of an adverse costs order if the claimant on a cfa lost is intriguing.It does indicate that solicitors can lawfully fund/support the claimant,an idea which i suspect Lord |Justice Jackson would approve of.Whether solicitors will want to become banker/funders is another matter.

Are success fees illegal?

The Court of Appeal has called for written submissions by friday in the case of De Souza where oral argument has already concluded.The claimant sued the local authority over tree root encroachment.The insurer paid out the claimant,took up rights of subrogation and entered into a ccfa.The claimant was fully insured so why the need for a funding arrangement? Might this breach the right of D to a fair trial under Article 6?
 Campbell has had a faster impact than anyone ever thought possible.

2011

 This year will be one to remember.Jackson reform consultation ends on february 14th .The final Government proposals will be announced in the spring with a view to reform in April/October 2012.Meanwhile, the Courts will extend their pilots with costs management introduced into every Mercantile and Construction case this Easter.Defendants are lining up a challenge to the Lowndes test on proportionality,much criticised in the final Jackson report .The Young report has been accepted by |Government and will be acted upon.It matters not that the author has resigned.
Next week the High Court in London will resume the part heard case of Owens v Noble.Did the claimant mislead the court so as to enhance his damages??