April fool 2013 change in injury law summary

In Blog, frontpage, General Litigation by AAH

Cyclists Solicitors for Winter AccidentsHello
Over the last twelve days I have been tweeting the changes that came into effect on 1st April 2013. I summarise them below:
1. A solicitor can charge a mark up on his fees known as success fee if your claim is successful. This is calculated by % of the the time he has logged on your file. Until 31st march 13 this was recoverable from your opponent if you won or settled your claim. This is no longer so. The success fee will now be paid by you and will be deducted from your damages.
2. If you abandon or loose your case you will no longer be ordered to pay your opponent’s legal costs. This is called one way cost shifting
3. Legal insurance cover premium is no longer recovered from your opponent, where you win or settle a claim in your favour.
4. A motor claim under 10,000 settled under a portal scheme will only attract t fixed legal fees of £500
5. Claims against employers and Occupiers under 10,000 will be dealt under portal scheme from 1st July 13
6. Legal bills under 75k will be summarily assessed by cost judges from 1st April
7. Legal assessment will strictly apply the principe of proportionality and value of the claim
8. Claimant will get extra 10% of damages if they beat Pt 36 offers made
9. Insurance premium to obtain expert opinion on medical negligence claims of over 1000 will still be recoverable. Limited to opinion only
10. Referral fees paid to intermediary by solicitors for I trod icing work are now banned
11. In addition to no win no fee agreement you can also hire a lawyer using damaged based agreement (DBA). Here a lawyer will take % of your damages as his fees should you succeed
12. Damages have been increased by 10% to allow for you having to pay success fees out of your damages.

Abdul Hafezi

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