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28 May 2009 / Nichola Evans
Issue: 7371 / Categories: Features , Procedure & practice , Commercial
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Defendants beware!

CFAs are on the rise in commercial litigation, says Nichola Evans

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Conditional Fee Agreements (CFAs) were first introduced in the 1990s and the original objective was allow greater access to justice for those who either did not qualify for legal aid or were not wealthy enough to pursue litigation through the courts. Over the years the risk involved in litigation has passed to solicitors from clients and the Legal Services Commission.

Boom-time

The initial boom in the use of CFAs and after the event (ATE) insurance was in the personal injury sphere. Despite the fact that it was originally anticipated that they would be used in relation to other types of claims, CFAs backed by ATE insurance did not take off in commercial claims.

From 1 November 2005 a new regime came into place with the idea that unnecessary regulation would be taken away and courts should not be imposing draconian sanctions against solicitors where only a technical breach of the rules occurred. Cases decided since the new

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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