Transparency: An open book?

David Wilkinson argues that the approach of Mostyn J to privacy in financial remedy proceedings in Xanthopoulos overlooks some of the key historical context The thrust of Mostyn J’s argument in Xanthopoulos was that sitting in chambers or in private (as the case may be) has never resulted, and was never intended to result, in …
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Damages: A slice of the cake

Nick Rowles-Davies assesses the impact of the draft Damages-Based Agreement Regulations There is some force in the argument that acting under a DBA pushes the solicitors closer to being a funder and ‘the real party’ to the proceedings. The Civil Justice Council’s (CJC) working party on damages-based agreements (DBAs) has prompted some debate in the …
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Costs: A contingency fee by any other name

Robert Platt and Leah Alpren-Waterman discuss damages-based agreements Including counsel’s fees in the cap on the proportion of damages that can be sought as a contingency fee would be consistent with the government’s approach in limiting the total proportion of damages that can be recovered as a fee by the lawyer.In April 2013, the Legal …
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