Insolvency exemption from the Jackson reforms extended beyond April 2015

Insolvency exemption from the Jackson reforms extended beyond April 2015

It has today been announced by Lord Faulks QC, the Minister of State for Justice, that the temporary exemption allowing success fees under conditional fee agreements (CFAs) and after-the-event insurance premiums to be recovered in insolvency proceedings will remain in place.

The exemption from the Legal Aid, Sentencing and Punishment of Offenders Act 2012, will no longer end in April 2015 as was originally proposed, meaning that success fees and after-the-event insurance premiums will continue to be recoverable from the losing party.

The insolvency profession, spearheaded by R3 and supported by other bodies such as the British Property Federation, the Federation of Small Businesses and Chartered Institute of Credit Management, has long been lobbying for the exemption to be extended in order to allow the market to settle and for the government to carry out a review. R3's own commissioned research, carried out by Professor Peter Walton in 20

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About the author:

Stephen qualified as a solicitor in 2005 and joined the Restructuring and Insolvency team at Lexis®PSL in September 2014 from Shoosmiths LLP, where he was a senior associate in the restructuring and insolvency team.

Primarily focused on contentious and advisory corporate and personal insolvency work, Stephen’s experience includes acting for office-holders on a wide range of issues, including appointments, investigations and the recovery and realisation of assets (including antecedent transaction claims), and for creditors in respect of the impact on them of the insolvency of debtors and counterparties.