NO WIN, NO FEE

Many local businesses will be familiar with the no-win, no fee arrangements solicitors may enter into with clients under a conditional fee agreement (CFA). These have worked well in giving those without funds access to justice and remain an option for anyone with a good enough case who finds lawyers prepared to offer that arrangement. From 1 November new rules in this area came into force. In addition the Government is consulting on changes to court fees as well.

 

Kay McCluskey partner and head of our Personal Injury Department says:

 

"Our Personal Injury and Clinical Negligence teams do a lot of work under CFAs. If you lose you pay none of our fees and if we win we can charge extra. In a sense it is a risk free deal and has been very popular in some business sectors. CFAs have been used in many areas from major competition litigation, libel and even Naomi Campbell's House of Lords appeal on privacy issues to many very small personal injury cases."

 

The reforms are:

 

  1. The existing regulations are revoked on 1 November 2005. In their place the Law Society regulates these arrangements. Section 27 of the Access to Justice Act 1999 continues and provides a minimum government legislative framework needed for the use of CFAs by legal representatives.


  2. Primary responsibility for client care will be focused on solicitors and the Law Society's professional Rules of Conduct, supporting costs guidance and proposed new model CFAs. The Law society already produces model from CFAs.

    3.  

    If you are interested in the conditional fee work we undertake contact us for further information. We can also advise you on mediation of disputes which can be a very effective remedy too. We always explain very carefully how the system operates.

     

    Call Kay McCluskey on 0117 9290451 or email kmccluskey@metcalfes.co.uk for further information.

     



    This press release summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published