header-logo header-logo

IPs take a hit

09 June 2016 / Gurvir Birang
Issue: 7702 / Categories: Features , Costs
printer mail-detail

Finally, a level playing field in insolvency, says Gurvir Birang​

On 6 April 2016, insolvency law was brought into line with other areas of commercial and civil litigation. Its exemption from the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), ss 44 and 46 was finally removed. This means that successful claimants who enter into a conditional fee agreement (CFA) can no longer recover success fees or after-the-event (ATE) insurance from the losing party.

Those of us who defend bankruptcy claims welcome this news, which ensures that the Jackson reform’s aims of rebalancing costs and discouraging unnecessary court cases apply evenly across all areas of civil litigation.

Concern over insolvency practitioners’ (IPs’) fees has been raised for some time. In a report to the Insolvency Service in 2013, Elaine Kempson highlighted that concerns continue to be raised over the remuneration of IPs (Review of Insolvency Practitioner Fees; Report to the Insolvency Service). In 2015 the Insolvency (Amendment) Rules came into force, stating that IPs seeking to charge on a time costs basis in an

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

Partner appointment in firm’s equity capital markets team

NEWS

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

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

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll