A cross-profession working group has been set up to assess the viability of a contingent legal aid fund (CLAF) to fund litigation for those who can’t access legal aid.
A CLAF is a recyclable, pooled fund which funds litigation and then recoups a portion of any damages recovered to use for future cases. The group will make recommendations by the end of the year.
The group will be chaired by Justin Fenwick QC and will investigate what changes would be needed to make a CLAF viable, including legislative changes and changes to the Civil Procedure Rules, and what initial funding would be required.
Chairman of the Bar, Chantal-Aimee Doerries QC says the Bar Council has published reports into the possibility of a CLAF as far back as 1998 and as recently as 2011, but since then the civil justice landscape has changed considerably.