Update | Professional negligence: the affect of the Big Bang

Will solicitors face an increase in professional negligence claims as a result of the Big Bang, asks Kelly Hughes

10 Apr 2013

The details of the Jackson reforms have been coming out in a piecemeal fashion since the New Year and solicitors have had little time to get to grips with them. Add to this the many uncertainties surrounding the new costs regime and its application in practice and, very quickly, one can see the potential for an increase in professional negligence claims against solicitors.

One area which is particularly likely to lead to disputes is the advice solicitors give in relation to litigation funding arrangements. We have of course had two big changes on the funding front:

the introduction of Damages Based Agreements (DBA), under which solicitors receive nothing by way of fees if the case is lost but are entitled to a percentage ...

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