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Asset or liability? How contingency fees could change commercial litigation

Overview

This briefing summarises the key points which emerged from Herbert Smith's recent seminar on how anticipated changes to the costs and funding regime are likely to change the litigation landscape for those who bring and defend claims.


Following introductory remarks by litigation partner Ted Greeno, there was an address by Lord Justice Jackson, the architect of the reforms that will allow lawyers to conduct litigation on the basis of contingency fees, also known as "damages based agreements".


Presentations were also given by: Leslie Perrin, chairman of litigation funder Calunius Capital and of the newly formed Association of Litigation Funders of England and Wales; Matthew Amey, a director of The Judge, a broker specialising in after-the-event insurance and litigation funding; John Kunzler, a senior product manager at Travelers Insurance; Charles Plant, chair of the Solicitors Regulation Authority (SRA) Board, and a consultant to and former partner of Herbert Smith; and Michael Napier, who was until very recently chairman of Irwin Mitchell and also chaired the Civil Justice Council working party that developed the new code of conduct for litigation funders. These were followed by a panel discussion chaired by Ted Greeno.


To read the key points made in all these presentations and discussions, click 'View Briefing'.


 

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