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09 May 2013 / Patrick Allen
Issue: 7559 / Categories: Opinion
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The calm before the storm

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The worst is yet to come for the legal profession, warns Patrick Allen

On 1 April 2013 the existing rules for conditional fee agreements (CFAs) and personal injury (PI) work were scrapped. Success fees and after the event (ATE) premiums are no longer recoverable from the losing party. In a raft of changes, a new rule on proportionality, fixed costs, budgeting, and damage based agreements have been introduced.

In the weeks before 1 April, there was a frenzy of activity in solicitors’ firms, chambers and ATE offices, first to ensure that existing cases could take advantage of the old rules before the cut off and second to devise new terms in readiness for 2 April.

One ATE insurer sold £30m of policies in March 2013 alone, compared to normal annual turnover of £1m.

The Law Society at the last minute produced a new model CFA for PI cases. Thankfully, the regulations regarding new CFAs are not unduly prescriptive. The main point is that it must include a reference to the new capped

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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