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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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