Events


Professional Negligence News


Should the costs of litigation funding be recoverable as a litigation cost in court proceedings? Responses to the Civil Justice Council Litigation Funding Consultation May 2025

This question was considered in 1996 by Lord Woolf in his reforms of the civil justice system. The civil courts were given the power to award litigation funding costs by way of ‘success fees’ for Conditional Fee Agreements and insurance premiums for After the Event Legal Expenses (ATE) Insurance. This power was removed after the

Read More

Protocol amendments recommended by the Civil Justice Council – Final Report November 2024

The Civil Justice Council have been reviewing the Pre-Action Protocols over the last 4 years publishing an interim report in 2021 and their final report in November 2024 https://www.judiciary.uk/related-offices-and-bodies/advisory-bodies/cjc/current-work/pre-action-protocols-working-group/ The Final Report makes the following recommendations for changes to the Professional Negligence Pre-Action Protocol for the reasons explained in Section 7: ‘Recommendations 7.9 The current

Read More

Lord Briggs championed voluntary adjudication and gave qualified support to the use of fixed costs and one way costs-shifting to promote access to justice

In a wonderful celebration of 20 years since formation of the Professional Negligence Lawyers Association on 11 November 2024, Lord Briggs provided a keynote address which is now reported in the Law Society Gazette in an article by Ashley Morgan and Tim Constable of Bates Wells https://www.lawgazette.co.uk/practice-points/lord-briggs-defends-fixed-recoverable-costs-regime-for-professional-negligence-cases/5121773.article This talk is timely with the Civil Justice

Read More

Calling for evidence – Costs & Litigation Funding Survey – Civil Justice Council – Can you provide one example by 20 January 2025?

CJC-Review-of-Litigation-Funding-Consultation-questions-and-cover-sheet The CJC launched this consultation on 31 October 2024. It is clear they are linking both litigation funding and costs with a view to the progress of the Litigation Funding Bill and it must be inferred that they are looking beyond simply reversing PACCAR and into various aspects of access to justice for the

Read More

When HMRC gets Construction Industry Scheme Gross Status Wrong – Peter Knibbs – partner – BPE Solicitors LLP

Losing “gross status” under the government’s Construction Industry Scheme (“CIS”), or having it wrongfully taken away by HMRC, can have a devastating impact on your business. However, there are steps you can take to challenge their decision. Find out more below. At BPE, we understand how important the allocation of gross status is (under the

Read More

FALSE EVIDENCE – Questioning Document Authenticity in UK Court Proceedings

The thorny issue of authenticity of documents has been tackled by PNLA Specialist Dominic Tucker of IDiscovery Solutions https://www.pnla.org.uk/members/dominic-tucker-18178/ in this article Dominic Tucker IDS Notice to Prove Article October 2023 Essential reading for all litigators involved with disclosure in litigation disputes. October 2023

Read More

SRA scoping options for post 6 year run off cover by 31 August 2022

Solicitors are being invited by the SRA to provide their consultation responses by 31 August 2022 as follows: ‘We are currently scoping out options for delivering future protection for post six-year negligence in an efficient, effective and proportionate way, with input from SIF Limited and other stakeholders and with expert consultancy from Willis Towers Watson

Read More