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07 May 2009 / Paul Ashurst
Issue: 7368 / Categories: Features , Public , Procedure & practice , Fees
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A natural progression

Paul Ashurst plunges into the murky waters of contingency fees

* * * * * *

With Law Society approval, underwritten by an American insurer and underpinned by a specialist personal injury panel, conditional fee agreements (CFAs) were hailed as the acceptable compromise that avoided the need for American-style contingency fees. Yet the advertising slogan “no win no fee” soon created a credibility gap. The public became willing to speak to claims farmers and not solicitors because the claims farmers said yes whereas solicitors said “yes, but...”. Collateral agreements were introduced to match slogan with fact. Middlemen, who willingly jumped on the bandwagon to take their slice of the profit, provided funds and the changes to the CFA that followed that led to the disaster we have today (see Days of Yore, p 674)

All change

The public have now taken to the concept that you should only pay if you win. We, therefore, need a straightforward and transparent system that meets the public's expectations and allows legitimate claims to find suitable

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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

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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