Bakos & Ors v AG (Conditional Fees)
Bakos & Ors v AG (Conditional Fees) [2016] SHSC 551 (28 September 2016)
The court holds that QOCS is the appropriate system for personal injury claims in St Helena where expert evidence is necessary and the defendant is indemnified or the Attorney General. CFAs are suitable and applicable only in limited circumstances, without success fees, and only where legal aid funding is unavailable. The court's discretion over costs is not circumscribed by legislative rates or funding decisions.
Source excerpt
- Costs
- Conditional fee agreements
- Qualified one-way costs shifting
- Access to justice