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Three months have now passed since the implementation of a major tranche of the Jackson Reforms. The LexisNexis Dispute Resolution team has been looking at the key court decisions to date and assessing what assistance these cases can provide in interpreting the new provisions. In particular, attention is drawn to areas where practitioners need to exercise care, at least until a binding Court of Appeal decision is in place.
Continuing our series of posts highlighting the main areas of the update we now consider funding.
This is an area which has caused much consternation amongst practitioners. In fact, many are refusing to use the new Damages Based Agreements until the underlying regulations have been reviewed and amended.
Many potential claimants are struggling to bring claims due to the changes in funding arrangements with some firms turning to innovative approaches; in Jeffrey Jones v SoS for Energy and Climate Change it was argued that the firm of solicitors should be viewed as a ‘bank’ rather than a ‘non party’ funding the litigation.
We are interested to hear your own experiences as well. Please leave us a comment.
You can read the first in the series on Costs Budgeting here and the second on Wasting Costs here.
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Janna is a dispute resolution lawyer with a Masters in Construction Law and Dispute Resolution. During her time in private practice at both Herbert Smith and Denton Wilde Sapte (now Dentons) she worked on complex international disputes, both litigation and LMAA arbitrations, dealing with technical cross border issues.
Janna deals primarily with cross border issues and is active in the work being undertaken in relation to the implications of Brexit for Dispute Resolutions lawyers. She also heads up a LexisNexis costs team bringing together expertise from across the company to deal with the costs issues facing the profession and was a contributing author for the Cook on Costs supplement dealing with the Jackson reforms. Janna is a frequent contributor to the legal and professional press, including the New Law Journal and Counsel magazine.
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