header-logo header-logo

07 May 2009 / Paul Ashurst
Issue: 7368 / Categories: Features , Public , Procedure & practice , Fees
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll