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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

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