header-logo header-logo

17 May 2012
Issue: 7514 / Categories: Legal News
printer mail-detail

ABSs spell end of hourly billing

Master of the Rolls predicts demise of hourly billing

Financial constraints on clients and technological innovations such as price-comparison websites will hasten the demise of hourly billing, while the birth of alternative business structures (ABSs) will “sound the death knell”, Lord Neuberger, the Master of the Rolls, has predicted.

In a speech at the Association of Costs Lawyers conference last week, Lord Neuberger said fixed-fee arrangements were increasingly popular with both clients and lawyers.

“An approach to litigation costs based on value-pricing rather than hourly billing is one which urgently needs to be worked out and applied,” he said.

“Rather than treating time as the commodity which is being sold, we should be adopting
an approach where skill and experience are the commodities which are sold.”

One alternative to hourly billing is contingency fee agreements, as proposed by Lord Justice Jackson in his civil litigation costs review and now implemented through s 45 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, he said.

However, the rules on contingency fees must be “as simple and straightforward as possible”, to avoid a situation where “satellite litigation concerning the nature and enforceability [of contingency fee agreements] becomes as common, and detrimental, a feature of litigation” as it was in the case of conditional fee agreements.  

Issue: 7514 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll