Re: Another Question If Anyone May Know The Answer?

by **bigrex** Thu 21 Feb 2013, 18:05

What I can see happening is, if the GoC offered to pay the fees before the judge sets the rates, he may keep them at 17.83%, but if the judge believes that the class members are footing the bill, he may lower them significantly, like to 7.5%, and then the GoC lawyers step up and offer to pay the fees at the reduced rate. They get to look like the heroes, and still save 30+ million in legal fees that they likely would have paid by making the offer earlier.

by Guest Thu 21 Feb 2013, 18:03

well im not sure sparow they did say the would accept whatever he decided so i dont think they would.

propat

by Guest Thu 21 Feb 2013, 17:50

Ok I understand that now. I see how that works now. Whatever Justice decides, do you think McInnes Cooper will challenge it or be satisfied with the recommendation by JB?

by Guest Thu 21 Feb 2013, 17:47

well sparrow the two parties did not negotiate the fees in the first place.they are in fact praposed by the leagal team.since its just a praposal the fees are not set so cant be changed.only the judge can set the fees so if challanged after he sets them only then can they be changed.

propat

by Guest Thu 21 Feb 2013, 17:42

ya bigrex as far as i understand you are correct.

propat

by Guest Thu 21 Feb 2013, 17:41

I guess that is where the confusion for me is. The judge can only approve or reject the proposal and can not change the deal. However, he can change the legal fees. So in reality, he can not ask either parties to return to the negotiation table to amend the fees voluntarily. Is this correct? or will he amend it and that is final....which we already know McInnes Cooper advise JB they would respect his decision on fees.

by **bigrex** Thu 21 Feb 2013, 17:32

Well I know that the judge stated that he cannot change or deny any aspect of the proposal. It is either completely approved or completely rejected. The legal fees requested are completely separate from the negotiations, so he could still approve the deal, but only award 1% for legal fees, if he feels that 1% is fair.

by Ex Member Thu 21 Feb 2013, 17:23

Hypothetically, if Justice Barnes wants both sides to go back to the table and fine tune the legal fees, would he delay his official answer until such time as this happens?
Or would Justice Barnes render his decision with the instruction to go back to the table and work out the legal fees?
Just wondering if the judge could request this action between parties prior to his decision.
sparrow

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