Summers v Bundy: Court of Appeal confirms that ending recoverable success fees means that ten percent more general damages is obligatory

Back in 2009, the Jackson report recommended the ending of recoverable success fee uplifts and, in their place, that the claimant should recover ten percent more by way of general damages. Six years on, it is rather ‘old hat’ to point that these changes were implemented together, applying from 1 April 2013, by the LASPO Act 2012 and by the Court of Appeal’s second decision in Simmons v Castle in October 2012. Continue reading

End of term flood of Ministerial announcements, including court fees & LASPO

Today, the last day before the Christmas recess, the Government made 36 Ministerial Statements, which is some three times more than the seasonal number of Lords-a-leaping. (These were written statements issued by Ministers in both Houses, so no Peer or MP indulged in acrobatics of any sort.) Statements from the Ministry of Justice on further court fee increases (which will be implemented soon) and on the LASPO Act 2012 (which is to be reviewed and extended to insolvency litigation) are summarised in this post. There is also reference to reviewing mesothelioma claims. Continue reading

General Election outcome

policy definition

The Conservatives secured a narrow overall majority on 7/8 May, winning 330 of the 650 Commons seats.

The change in the Commons from Coalition Government to Conservative majority is reflected, in reverse, in the Lords. Peers in the previous Government’s parties – 224 Tories and 101 Lib Dems – together counted for 325 of 779 Lords. It can readily be seen that a Conservative Government would now command only a third of the Upper House. While the Lords does not, conventionally, vote against legislation on manifesto commitments, outside of those areas it does seem likely that the new Government could suffer some notable reverses in the Lords.

With the return to majority Government, there will therefore be no Coalition Agreement to set out agreed priorities for the incoming administration. The Queen’s Speech, to be delivered on 27 May, will be the first clear indication of the Government Bills and other measures necessary to deliver the key commitments set out in its manifesto.

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