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FUNDING: Back to the future – costs reform

20 July 2012  

John Leadley, Nicola Gare and Charlotte Nolan discuss costs and litigation funding

The long-awaited costs reforms brought about as a result of Lord Justice Jackson’s Report on Civil Litigation Costs (the Report), dated December 2009 and published in January 2011, are both revolutionary, in allowing for the first time the use of contingency fees in the form of Damages Based Agreements (DBAs), but also challenging in ending the recoverability of CFA (‘no win, no fee’ agreements) success fees and ATE premiums, which were themselves landmark reforms implemented by the Access for Justice Act 1999.

Additional Info

  • Case(s) Referenced:

    Arkin v Borchard Lines Ltd & ors [2005] EWCA Civ 655

    Ashford v Geoff Yeandle [1998] 3 WLR 172

    Geraghty & Co v Awwad & anor [1999] EWCA Civ 3002

    Henry v News Group Newspapers Ltd [2012] EWHC 90218 (costs)

    Motto & ors v Trafigura Ltd & anor [2011] EWHC 90209 (costs)

    Pankhurst v White & MIB [2010] EWCA Civ 1445

    Re Trepca Mines Ltd (No 2) [1963] 1 CH 199