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A not-for-profit organisation
committed to injured people
A not-for-profit organisation
committed to injured people

Costs shortfalls : Where are we now and what you need to know

APIL CPD:
All levels - 1 hour

(Please note that the number of CPD hours may be subject to change)

"I thought the speaker was phenomenal and could have listened to him for hours. He explained very complicated cases in a very concise and understandable way"

The scheme introduced under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) has led to deductions from damages in personal injury claims becoming more common place. For some types of work it is necessary to enable the work to be done properly for our clients.

With the introduction of an extended fixed recoverable costs scheme, capturing cases of up to £100,000 in value, the likelihood is that the number of cases where this happens will increase as might the size of the deductions.

Challenges by clients after a case has concluded, encouraged by some legal firms, have become part of the legal landscape. Following the judgment of the Court of Appeal in Belsner v Cam that business model has come under pressure, but not completely disappeared.

This webinar will look at what the current position is and what you need to know to minimise the risk of such challenges including:

  • Defining the problem
    • The LASPO regime and the gap between fixed recoverable costs and reality
    • Clarity for the client
  • What did Belsner decide?
    • Do solicitors owe a fiduciary duty to the client pre-retainer?
    • Contentious and non-contentious business – what is the status of pre-action work
    • Deductions and the use of a cap
    • Information for the client about charges and deductions
    • Assessment of a “fair and reasonable” deduction – are we any further along?
  • Key points from Karatysz
    • The appropriate venue for deduction challenges
    • Costs of costs challenges
  • Key points from Menzies v Oakwood Solicitors Ltd
    • Delivery of a statute bill
    • Timescales for challenges
  • Key points to consider
    • Advice to the client on potential deductions
    • Retainer
    • Notification of deductions

Cost:

1 person - member/accredited firm: £75 + VAT
1 person - non-member: £100 + VAT
Small office (2 - 6 people): £115 + VAT
Large office (7 people or more): £170 + VAT
Whole organisation (All staff at all offices): £340 + VAT


On-demand

All people registered for live webinars will automatically be emailed details to view the on-demand learining following the webinar, whether you view live or not. Webinar recordings are available to view for up to six months.

Published
18 Sep 2023

On-demand recording
From 18 Sep 2023 to 18 Mar 2024

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