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09 April 2014
Issue: 7602 / Categories: Legal News , Litigation trends
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Decline of the CFA

NLJ/LSLA survey uncovers marked drop in use of agreements

The Jackson reforms have accelerated the decline of the conditional fee agreement (CFA) market, research shows.

The percentage of firms withdrawing from the “CFA market” has increased post-Jackson from 34% to 51%, according to the second NLJ/LSLA Litigation Trends Survey, published last week.

Simon Duncan, solicitor at Moon Beever, says: “This is exactly what one would expect to see now that the uplift and after-the-event insurance premium must come out of any recoveries in the claim. The fact is that many claims simply are not large enough to sustain this burden.

R3, the Association of Business Recovery Professionals, has been lobbying hard to persuade Parliament to extend the ‘insolvency carve out’ that still permits those costs to be recovered from a losing defendant in insolvency cases. However, if this is not extended then a great many insolvency cases will not be run for the same reason.  

“There will not be enough money in the claim to make it viable. Not only will unsecured creditors lose out, including HMRC, but in addition many unlawful antecedent transactions will go unchallenged. This cannot be in the public interest. The law of unintended consequences perhaps?”

David Greene, NLJ consultant editor and senior partner at Edwin Coe, says funding cases has to be considered more carefully. Consequently, “in commercial claims, the claim sum will have to be much higher than before to make it work commercially”.

Nearly three-quarters of lawyers surveyed said civil litigation costs have increased not decreased since the Jackson reforms. Respondents also expressed concerns about a lack of consistency in approach throughout the courts.

 

Issue: 7602 / Categories: Legal News , Litigation trends
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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