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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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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