News and views on legal judgments from ATEMatters

We are delighted to bring you the latest edition of ATEMatters from Legal Protection Group.  We can’t guarantee it will cool you down but it will give you an excuse to ‘chill’ for ten minutes.

This month we kick off with a look at the latest with a case we first brought to your attention in May 21 dealing with the enforceability of DBAs when used by defendants.  Having lost at the Court of Appeal, this time round the solicitors were seeking a legal charge.  Not to be left out, we consider the first of two cases relating to the use of CFAs as retainer where we revisit a case from ATEMatters Feb22 dealing with the duty of good faith owed by a client.  “Can a previously agreed costs agreement be set aside by the High Court?” is the question posed in Jones v Richard Slade whilst the second of two cases dealing with CFAs looks at the background leading to a client being awarded US$1.6m due to the unenforceability of a law firm’s retainer.  Finally in this edition, it has been confirmed the disclosure pilot, applicable to existing and new matters in the Business and Property Courts, has been given the green light and will become permanent from 1^st October 2022.

As always, do please get in touch if we can assist in anyway regarding your requirements for ATE insurance and/or disbursements funding.

Until next month, stay cool and may it rain soon.

ATEMatters August 2022