NORTHERN IRELAND COUNTY COURT RULES COMMITTEE CONSULTATION: REVIEW OF SCALE COSTS AND RECENT PRACTICE AND PROCEDURAL CHANGES IN THE COUNTY COURT

Similar documents
Law Society of Northern Ireland

ALTERNATIVE METHOD FOR FUNDING MONEY DAMAGES CLAIMS. Response of the Law Society of Northern Ireland

Section 75 Equality Impact Assessment Questionnaire regarding the Consultation on Examining the use of expert witnesses in the Courts in Northern

Making a complaint about YOUR Solicitor

Practice direction and pre-action protocol for Clinical Negligence claims in the High Court

THE COMPANIES ACT 2006 PRIVATE COMPANY LIMITED BY GUARANTEE ARTICLES OF ASSOCIATION. YORKSHIRE 2019 LIMITED Incorporated 24 November 2016

Re: consultation on a Strategy for protecting and enhancing the development of the Irish Language

PART 11: RECOVERABLE COSTS OF LITIGATION, ASSESSMENT OF COSTS AND SANCTIONS

The Structure of Self-employed Practice Consultation paper

INSURANCE SCOTLAND GUIDE

Civil Liability Bill [HL]

The Instruction, qualification and conduct of authorised solicitors in the Higher Courts. Draft Regulatory Impact Assessment (RIA)

Tertiary Education Quality and Standards Agency Act 2011

Northern Ireland County Court Rules Committee Initial consultation on scale costs and recent practice and procedural changes in the county court

Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation

Legal Profession (Public Notaries) Determination 2015

Property & Environmental Law Section. Property & Environmental Law Section & Costs Policy Committee

Sally Anne Hyde v- Milton Keynes Hospital NHS Foundation Trust

HC Factsheets L No 8. (Previously Factsheet 15)

JCHR: Inquiry into the human rights of unaccompanied migrant children

2011 No. 586 (L. 2) SENIOR COURTS OF ENGLAND AND WALES COUNTY COURTS, ENGLAND AND WALES. The Civil Proceedings Fees (Amendment) Order 2011

Rakesh Gupta and Ontario Ltd., Respondents ENDORSEMENT

ANNEX 1 REGULATIONS DRAFT ICAEW LEGAL SERVICES REGULATIONS

Lamb Chambers short form CFA for use between solicitors and counsel on or after 1 April 2013

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND QUEEN S BENCH DIVISION KD (A MINOR) BY DK, HIS MOTHER AND NEXT FRIEND. -and-

Data Protection Bill: Summary of government amendments for House of Commons Public Bill Committee tabled on 6 March 2018

Delegated Powers Memorandum. Civil Liability Bill. Prepared by the Ministry of Justice

Barnardo s NI Response. Draft Northern Ireland Human Trafficking and. Modern Slavery Strategy 2016/17

PIBA S ANALYSIS OF ISSUES ARISING FROM THE JACKSON REFORMS

These rules should be read alongside the guidance notes which includes a glossary of terms. 1 Introduction Notes

General Regulations Updated October 2016

NORTHERN IRELAND ASSEMBLY CRIMINAL INJURIES COMPENSATION (NI) ORDER 2001 A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS

Legal Profession Uniform General Rules 2014 under the Legal Profession Uniform Law

Civil Liability Bill [HL]

CONSULTATION ON SCHOOLS FOR THE FUTURE: A POLICY FOR SUSTAINABLE SCHOOLS

TECHNOLOGY AND DATA PRIVACY. Investigative Powers of the Data Protection Commissioner. by Peter Bolger, Jeanne Kelly

Legal Profession Uniform General Rules 2015

Work & Pensions Committee: Victims of Modern Slavery Inquiry

Department of Justice for Northern Ireland Access to Justice 2 Alternative Methods of Funding Money Damages Claims

SUBMISSION TO THE UNITED NATIONS COMMITTEE ON THE RIGHTS OF THE CHILD

The Current Regime. Unreasonable Behaviour

Transforming Legal Aid: Next Steps

A GUIDE TO CIVIL ACTIONS AGAINST THE POLICE

UK UNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS 1999 (SI 1999 NO 2083)

Chapter 1: Success Fee Agreements Terminology

2009 No (L. 20) TRIBUNALS AND INQUIRIES

Response to Department of Justice s consultation on the future administration and structure of tribunals in Northern Ireland.

Before : HIS HONOUR JUDGE PLATTS Between : - and -

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND PRE-ACTION PROTOCOL FOR COMMERCIAL ACTIONS

NORTHERN IRELAND PRACTICE AND EDUCATION COUNCIL FOR NURSING AND MIDWIFERY

Chartered Institute of Taxation of Nigeria Act CHAPTER C10 CHARTERED INSTITUTE OF TAXATION OF NIGERIA ACT ARRANGEMENT OF SECTIONS PART I

KENYA WATER INSTITUTE ACT

CHARTERED INSTITUTE OF TAXATION OF NIGERIA ACT

Response to Ministry of Justice Green Paper: Rights and Responsibilities: developing our constitutional framework February 2010

BUSINESS REGISTRATION SERVICE ACT

Independent Chief Inspector of Borders & Immigration. Border Force Inspection. Law Centre (NI) response

Civil Liability Bill [HL]

Companies Act 2006 Sections : Striking off, dissolution and restoration of companies

Sea and Air Routes from the UK to the Republic of Ireland

Introduction. Women and Childcare. Women and the Economy

Annex 7 referred to in Chapter 9 Specific Commitments for the Movement of Natural Persons Part 1 Specific Commitments of Japan A.

NAHT constitution and rules with effect from 4 May 2018

THE CRIMINAL INJURIES COMPENSATION BILL, Arrangement of Clauses PART I PRELIMINARY PART II

Law Centre (NI) Information Briefing March New working arrangements for adult victims of trafficking in Northern Ireland.

Written evidence submitted by DAC Beachcroft Claims Limited (PCB 17) The Prisons and Courts Bill Part 5: Whiplash

THE LEGAL EXECUTIVE AS PRACTISING AND QUALIFIED LAWYERS

Northern Ireland Executive. February 2011

Introduction for non-party campaigners

A response to. Examining the use of Expert Witnesses appearing in the Courts in Northern Ireland. Department of Justice.

Consultation Response

Department for Social Development. A Response to: Discretionary Support Policy Consultation. 11 September 2012

LEGAL PROFESSION ACT

GENERAL RULES ABOUT COSTS

Audit Committee Terms of Reference

CIVIL LIABILITY BILL [HL] EXPLANATORY NOTES

LOWIN. and W PORTSMOUTH & CO. JUDGMENT (As Approved)

DRUGS ACT EXPLANATORY NOTES. These notes refer to the Drugs Act 2005 (c.17) which received Royal Assent on 7 April 2005

Proposals for the Reform of Legal Aid in England and Wales

S.I. No. 27/1995: EUROPEAN COMMUNITIES (UNFAIR TERMS IN CONSUMER CONTRACTS) REGULATIONS, 1995.

Legal Services Privacy Notice

] CATHOLIC ACADEMY TRUST. [Name of Academy] 1 SCHEME OF DELEGATION. EFFECTIVE DATE: 1 st APRIL 2012

STANDARD CFA TERMS AND CONDITIONS FOR PERSONAL INJURY CASES TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL

STATUTORY INSTRUMENTS. S.I. No. 95 of 2017 EMPLOYMENT PERMITS REGULATIONS 2017

1. PUBLIC DEBT LIMIT INCREASE 2. CORPORATE MINIMUM TAX

FOR USE AFTER 1 NOVEMBER

COSTS SPECIAL CASES COSTS PAYABLE BY OR TO PARTICULAR PERSONS

Private actions for breach of competition law

DATA PROTECTION ACT 1998 SUPERVISORY POWERS OF THE INFORMATION COMMISSIONER MONETARY PENALTY NOTICE

Transparency of Lobbying, Non Party Campaigning and Trade Union Administration Bill 2013 House of Commons Report Stage and Third Reading

Summary. Background. A Summary of the Law Commission s Recommendations

Our vision for law and justice 2018

Digital Economy Bill [HL]

The Essential Toolkit for Junior Personal Injury & Clinical Negligence Lawyers

Company Number Revised October 2011 THE COMPANIES ACT 2006 A COMPANY LIMITED BY GUARANTEE AND NOT HAVING A SHARE CAPITAL

HYDRATIGHT GROUP ANTI-BRIBERY AND ANTI- CORRUPTION POLICY 11 MAY 2016

Do I have to pay fees?

IN THE LIVERPOOL COUNTY COURT (APPEALS) County Court 35 Vernon Street Liverpool HIS HONOUR JUDGE PARKER

THE ROYAL COLLEGE OF OBSTETRICIANS AND GYNAECOLOGISTS REGULATIONS SEPTEMBER Updated at Board of Trustees 12 May and General Meeting 21 May 2016

Over 50s Life Cover Proposal and Declaration of Trust for Life Policy

ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Senior Litigators

Transcription:

NORTHERN IRELAND COUNTY COURT RULES COMMITTEE CONSULTATION: REVIEW OF SCALE COSTS AND RECENT PRACTICE AND PROCEDURAL CHANGES IN THE COUNTY COURT Response of the Law Society of Northern Ireland 96 Victoria Street Belfast BT1 3GN Tel: 02890 23 1614 Fax: 02890 232606 Email: info@lawsoc-ni.org Website:www.lawsoc-ni.org 1 P a g e

Introduction The Law Society of Northern Ireland (the Society) is a professional body established by Royal Charter and invested with statutory functions primarily under the Solicitors (NI) Order 1976 as amended. The functions of the Society are to regulate responsibly and in the public interest the solicitor s profession in Northern Ireland and to represent solicitors interests. The Society represents over 2,600 solicitors working in some 520 firms, based in over 74 geographical locations throughout Northern Ireland and practitioners working in the public sector and in business. Members of the Society thus represent private clients in legal matters, government and third sector organisations. This makes the Society well placed to comment on policy and law reform proposals across a range of topics. Since its establishment, the Law Society has played a positive and proactive role in helping to shape the legal system in Northern Ireland. In a devolved context, in which local politicians have responsibility for the development of justice policy and law reform, this role is as important as ever. The solicitor s profession, which operates as the interface between the justice system and the general public, is uniquely placed to comment on the particular circumstances of the Northern Irish justice system and is well placed to assess the practical out workings of policy proposals. June 2016 2 P a g e

Question 1: Do you agree with the proposal to review Scale Costs on a two year cycle? Please give reasons for your answer. The Society believes that it would be sensible and proportionate to review Scale Costs on an annual basis in line with the rate of inflation and other important factors. This would ensure consistency and address fluctuations in the rate of inflation on a yearly basis, whilst retaining the flexibility of not opting for automatic adjustments. The Society stated its understanding that the most comprehensive measure of real purchasing power is the Consumer Price Index, however we note the Committee takes a different view and uses the GDP deflator as its preferred measure. As stated in our response to the targeted Consultation in June last year, the Reviews should canvass the views of the Taxing Master, professional bodies, insurers and Government. This is subject the caveat that the Committee recognises cases paid through taxation often represent remuneration for work carried out some years previously. The rate of increase in scale costs should reflect the fact that keeping pace with inflation is a baseline necessary to maintain the real value of current rates of remuneration. Further increases could be considered in circumstances where a compelling case has been put forward that this is warranted to deliver fair and reasonable remuneration. Question 2: Do you agree with the proposal that there should be a 3% rise in scale costs? If so, should it be done by way of two equal, mutually contingent instalments of 1.5%? Please give reasons for your answer. The Society is in agreement with the proposal to increase Scale Costs by 3% and its content that this is done in two instalments of 1.5%. Question 3: Do you agree that there should be a new lower Scale Costs band for awards of 0-500? If so, at what rate should the Committee set the costs payable? The Society agrees that there should be a new lower Scale Costs band for awards of 0-500. We consider this should address the concerns expressed by others that in low value claims costs have the potential to mushroom beyond the value of the claim. Question 4: Do you agree that the fees for miscellaneous costs should be increased to the same extent as the substantive scale costs? Please give reasons for your answer. The Society agrees with this proposal, subject to the caveat that these costs should also be reviewed along with Scale Costs on a continuous basis. 3 P a g e

Question 5: Do you agree that the fee for drawing up a list of documents under Order 15 should be 60.00? Please give reasons for your answer. The Society supports the proposed increase to the fee for drawing up a list of documents under Order 15 and notes that the judicial discretion to award an uplift in appropriate circumstances should remain in place. As with all fees, this should be regularly audited to ensure it is struck at an appropriate level. Question 6: Do you agree with the Committee s proposal that it should not introduce a specific fee for attending review hearings? Please give reasons for your answer. The Society does not agree with this proposal. We indicated in our response to the initial targeted Consultation that Direction Appointments and Review Hearings are becoming an increasing feature of litigation at the County Court level, rather than being comparatively rare, as the Consultation suggests. As more complex cases are moving within the jurisdiction of the County Court, this may cause the number of these hearings to increase. This has the potential to upset the careful balance of the swings and roundabouts principle and the Society remains of the view some remuneration should be forthcoming to cover these hearings and appointments. It is agreed a view should be taken to ensure that any such fees are reasonable in the circumstances. As mentioned earlier, the proposed introduction of CFAs and increasing up front disbursements through proposed increases to court fees should also be taken into account when assessing the burden on solicitors and whether fair and reasonable remuneration is provided in light of all the relevant considerations. If the Committee remain of the mind that no provision is necessary, this decision should at least be reviewed as part of the cyclical review process. Question 7: Do you agree with the Committee s proposal that it should not introduce an automatic uplift in Scale Costs in cases involving multiple defendants? The Society does not agree with this proposal and again refers to the BSA s Guide to High Court Costs, which recommends a tiered increase in line with each additional defendant. This reflects the fact that with each additional defendant comes increased risks of disputed issues of liability and causation which require additional time and preparation for solicitors. Again, this reflects the importance of weighing the cumulative impact of cost drivers in litigation, particularly in more complex cases. 4 P a g e

Question 8: Do you agree with the Committee s proposal that it should not make any change to current travel entitlements? Please give reasons for your answer. The Society does not agree with this proposal. We note the proposals from the Department of Justice in respect of court closures which, if implemented, are likely to significantly increase travelling times for practitioners and impact the operation of the swings and roundabouts principle. In some cases this represents a significant increase in travelling times and a reducing number of shorter journeys to offset this burden. Question 9: Do you agree with the proposal that there should not be a separate fee for drafting an affidavit? Please give reasons for your answer. The Society believes that there should be flexibility within the system to award remuneration for the drafting of an affidavit where this is appropriate in the circumstances. Question 10: Do you agree with the proposal that the range of cases in which the discretionary uplift is currently available should not be widened? Please give reasons for your answer. The Society believes that the relevant threshold for discretionary uplifts relates to the increased jurisdiction of the County Court and the increased risk of more complex actions falling within this court tier. On that basis, there should be flexibility to ensure an uplift is provided in appropriate cases whilst preserving the advantages of the Scale Costs system. Question 11: Do you agree with the proposal that there should not be provision for the uplift in certain cases unless the court orders otherwise? Please give reasons for your answer. As noted above, the Society notes that there are particular types of cases, quite often clinical negligence and industrial disease actions which go beyond the regular cases which are captured within the swings and roundabouts principle. Practitioners report that the uplift at present is very difficult to obtain and whilst we support the maintenance of the Scale Costs system in terms of cost forecasting, it might be useful to revisit the factors which will trigger an uplift to ensure the system is flexible enough to remunerate bona fide work in particularly complex cases. Question 12: Do you agree with the proposal to provide a fee for preparation of a court-directed skeleton argument with the fee payable to be at the judge s discretion up to a maximum of 100? Please give reasons for your answer. The Society welcomes the proposal for a fee to remunerate the preparation of courtdirected skeleton arguments in line with our earlier representations. 5 P a g e

Question 13: Do you agree with the proposal that, in remitted actions, the defendant s fee should be equal to a case in which the civil bill claims 30,000 (i.e. the present maximum jurisdiction of the county court)? Please give reasons for your answer. The Society agrees with this proposal. Question 14: Do you agree with the Committee s proposals in relation to practice and procedural issues? Please give reasons for your answer. The Society has been fully engaged with the Civil and Family Justice Review Group and will continue to use that opportunity to set out our thoughts on the operation and compliance with Pre-Action Protocols. The Society is supportive of the Committee s decision not to bring lower value RTA cases within the jurisdiction of the small claims court. The potential for such cases to raise issues not properly within the scope of the small claims court is acknowledged and the flexibility provided ensures both access to justice and equality of arms for plaintiffs. Furthermore, the new lower costs band should address the concerns of defendants about costs exceeding the value of claims in lower value cases. Question 15: What, if any, other matters should be taken into account when assessing the impact of the proposals in this paper? Please give reasons for your answer. The Society refers to our points above about the importance of undertaking an ongoing audit of changes in procedural demands on solicitors when looking at Scale Costs and bolt on fees and in particular related issues such as court fees and the reduction in the court estate. Conclusion The Society is grateful for the opportunity to submit a response in respect of the consultation on Review of Scale Costs and Recent Practice and Procedural Changes in the County Court. We trust our contribution is constructive and we are happy to meet with the Committee to discuss any of the issues raised in our response. We would like to be kept informed of any subsequent proposals formed as a result of this consultation and also any changes to the overall policy direction of the topic under discussion along with a stated rationale. 6 P a g e