Tinkering under the bonnet

We are now approaching the third anniversary of the implementation of LASPO 2012 on 1st April 2013. Over the course of the next 12 months, I am contemplating a decline in the volume of pre-LASPO cases, with their recoverable success fees and ATE premiums.

That such cases will continue, albeit in decreasing numbers beyond 12 months, I have little doubt. The last enforceability challenge that I undertook in relation to a conditional fee agreement under the Conditional Fee Agreement Regulations 2000 was in 2012: some 7 years after the repeal of the 2000 Regulations. The larger claims, and those involving extended limitation periods will continue for longer under the old system.

So one area, which remains of interest to me and I think will continue to be part of the cut and thrust of detailed assessment for a good while yet, relates to the recoverability of ATE premiums, and the scope by which they can be reduced on detailed assessment.

Last week Master Rowley handed down judgment in a case that I argued before him, acting for the paying party, where my submissions succeeded to the extent that an ATE premium was reduced by many tens of thousands of pounds.

The judgment can be found here, and is interesting for the depth of the analysis on the evidential underpinning for the premium claimed MacFadyen v Event Technologies Limited SCCO Master Rowley 11th March 2016

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