Part 2 of the LASPO Act: Litigation Funding and Costs MoJ Survey
The Ministry of Justice (MoJ) is undertaking a post-implementation review of Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). This relates to the reforms to civil litigation funding and costs in Part 2 of the LASPO Act taking forward Sir Rupert Jackson’s recommendations. As part of this, we are seeking evidence on the impacts of the statutory reforms in Part 2. The MoJ welcomes your feedback and intends to publish the PIR by the end of this year. We ask that you provide evidence and substantiated views, rather than generic views about impact. This survey will remain open until 24 August 2018.

If it is helpful you can refer to the MoJ initial assessment of the reforms before submitting your response. For more details about the reforms themselves, please see the initial policy document on the post-implementation review of LASPO Part 2 at https://www.gov.uk/government/publications/post-implementation-review-of-part-2-of-laspo-act-initial-assessment.

In answering the questions please let us know what kind of sources you are drawing from, e.g. your management information, your first-hand experiences as a practitioner, speaking to colleagues etc.

If you have further data or evidence you wish to provide separately please email David.Smeeton@justice.gov.uk to discuss this with the review team.

Please note this is not the LASPO Part 1 (Legal Aid) review, which is being undertaken separately.

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Your answer
Please tell us a little about yourself - which of these best describes your role?
What types of claims do you typically deal with?
Your answer
How long have you been in that role/dealing with that type of claim?
Section 44 abolished the recoverability of Conditional Fee Agreement success fees. In your experience what have been the impacts of this reform, and the regulations made under it?
Your answer
Section 46 abolished the recoverability of after the event (ATE) insurance premiums (except in relation to clinical negligence expert reports). Qualified One Way Costs Shifting (QOCS) was introduced in its place in personal injury claims. In your experience what have been the impacts of this reform?
Your answer
Section 45 introduced Damages Based Agreements as a funding method for civil cases. In your experience what have been the impacts of this reform?
Your answer
Section 55 reformed Part 36 offers to settle. The statutory change introduced by LASPO Part 2 was primarily that where defendant fails to beat a claimant’s offer, the claimant’s recovery should be enhanced by 10%. In your experience, what have been the impacts of this reform, and the regulations made under it?
Your answer
Sections 56-60 prohibited the payment of referral fees in personal injury cases. What have been the impacts of this reform?
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Overall, what has been your experience of the combined impacts of the LASPO Part 2 reforms?
Your answer
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