In particular, Section 32.5 which deals with what are the relevant details of an additional liability which must be served with the Notice of Commencement.
These details now include the following (even for post November 05 CFAs):
- A copy of the risk assessment or a statement of the reasons for the percentage increase.
- The CFA itself or alternatively a statement so as to enable the paying party and the Court to determine the level of risk undertaken which must include the definition of “win” and if applicable “lose”, details of the liability to pay costs if the party wins or loses and details of the liability if there is a failure to obtain a Judgment more advantageous than a Part 36 offer.
If you would like to have a word about this, or indeed any other costs issues, please don’t hesitate to contact me.
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