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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
- Notification of deductions
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.