Giles v Veolia part 2

Further to my earlier post regarding Giles v Veolia, Taylor Rose saw fit to appeal. The appeal was due to be heard on 11th April in the Court Of Appeal. However, at the 11th hour, Taylor Rose have withdrawn their appeal.

Where does that leave Horwich Farrelly, Berrymans, Keoghs, Keelys and Shakespeare who have been riding on the back of Taylor Rose’s appeal having argued that Giles had no wider relevance before changing tune to say they’re not paying ATE pending the Giles appeal. Will be interesting to see if now they capitulate and start paying up since Giles was so relevant.

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Is it the end for CFAs as we know them?

As the Legal Aid Sentencing & Punishment of Offenders bill aka LASPO makes its way through The House Of Lords various amendments have been proposed that have caused great alarm.

Either unwittingly, unknowingly or quite possibly deliberately, the bill has been amended such that success fees will no longer be recoverable with the application being retrospective. This means that it will not just apply to CFAs entered into after some date in April 2013, but will be for all cases where judgement has not been entered.  So that long running dispute started a few years ago and heading to trial in June 2013, from which you were expecting a handsome reward – possibly for your pension or nest egg that you richly deserve given the risk taken – will disappear. Ouch.

As always, here at Carlisle Legal Costing, we will try to keep you up to date, but this is potentially devastating news for your firms’ business model. Over the next few weeks we will be working hard to bring you alternative business models for your firm

BLP Partner to launch litigation over phone hacking scandal

Berwin Leighton Paisner (BLP) corporate and commercial disputes partner Graham Shear has launched a claim against the News of the World (NoW) for phone-hacking.

Shear has appointed fellow BLP commercial litigator Joby Davies to advise him on the breach of privacy claim against NoW, as well as Matrix Chambers’ Hugh Tomlinson QC and David Sherborne of 5RB.

In light of the fact that fee earners cannot enter into a Conditional Fee Agreement with their own firm, this is one case where NoW will not be at risk of the  costs risk of additional liabilities that they so fear.