header-logo header-logo

Avoiding non-party costs

17 June 2010 / Helene Pines Richman
Issue: 7422 / Categories: Features , Procedure & practice
printer mail-detail

Helene Pines Richman outlines the dangers of acting without insurance

Conditional fee agreements (CFAs) are now a regular feature of the cost landscape particularly in certain types of cases. Almost hand in hand, the rules relating to after the event (ATE) insurance have developed not only in respect of the duty of care owed to clients but also the effects inter partes. The Code of Conduct 2007, r 2.03(1)(g), of which solicitors will be aware, provides that a solicitor must discuss how a client will pay for litigation and whether his liability for another person’s costs may be covered by existing insurance or whether special insurance can be obtained. Solicitors, however, may be less cognisant of the current position in respect to their exposure under the wasted cost jurisdiction and/or third party funding rules (CPR Rules 48.7 and 48.2, respectively).

Early safeguards

Solicitors should raise the issue of ATE insurance and make sure the discussion is well documented, to safeguard any later defence to a negligence claim by a losing client facing a monstrous costs order.
The failure to raise the issue or the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll