I previously reported on the important changes to the rules concerning notice of funding (see link). I understand that at a recent Civil Justice Committee meeting these rules were discussed. It was reported that some firms are experiencing difficulties in implementing the new rules and concerns were expressed about satellite litigation and the draconian sanctions imposed by the rules. (I find it somewhat hard to understand why the new rules should be more difficult to follow or be viewed as more harsh than the previous rules.)
However, of more interest is the fact that the Committee was of the view that the change was introduced without proper consultation as part of the changes made following the MOJ’s consultation concerning controlling costs in defamation claims and it was not clear how the change came to apply to all proceedings. Apparently the Committee was looking to see if the change could be revoked.