header-logo header-logo

14 April 2011 / Michael Feakes
Issue: 7461 + 7462 / Categories: Features , Procedure & practice , Costs
printer mail-detail

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

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll