Supreme Court to consider no win no fee rights breach

Posted By: James

Wednesday 11th February 2015

The Supreme Court has begun considering whether the “no win no fee” costs regime breaches the right to a fair hearing. Under the regime, introduced by the Access to Justice Act 1999, lawyers could double their fees if they won a case with litigants required to take out large insurance premiums to cover costs should they lose a case. A seven-strong panel is looking at the legislation following a noise claim brought by Katherine Lawrence and Raymond Shields against the owners of a speedway and racing stadium in Mildenhall. In giving judgment last year Lord Neuberger expressed concern at the “very disturbing” legal costs run up on both sides and said he recognised that a ruling by a UK court that the provisions of the Access to Justice Act infringed article six could have “very serious consequences for the government” as litigants could well have a claim for compensation against the government for the infringement”.

The Times

 

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