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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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