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14 April 2011 / Michael Feakes
Issue: 7461 + 7462 / Categories: Features , Procedure & practice , Costs
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End of the road for success fees?

The Sousa decision provides important clarification of the operation of conditional fee agreements, says Michael Feakes

Litigation funding is rarely out of the legal news at present. The Jackson Report in early 2010 suggested widespread changes to the way much litigation is funded, and the government has announced plans to implement Jackson’s proposals wholesale. In a recent case, the Court of Appeal had the opportunity to achieve one of Jackson’s aims, and abolish the recoverability of certain success fees. The court’s decision provides important clarification of the operation of conditional fee agreements (CFAs).

The circumstances leading to the case of Sousa v London Borough of Waltham Forest [2011] EWCA Civ 194 were straightforward. Sousa claimed his house was damaged by subsidence when nearby trees extracted moisture from the ground underneath. His home insurers paid for the repairs, and then sought to recover their money from the owners of the trees, the defendant local council. To do this, the insurers subrogated to Sousa’s cause of action in tort against

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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