*/
The Bar Council has reacted with interest to Lord Justice Jackson’s provisional view on “no win no fee” agreements contained in his preliminary report in his Review of Civil Litigation Costs.
In the report, published on 8 May, Jackson LJ states: “following the retraction of legal aid, either conditional fee agreements (CFAs) or some other system of payment by results (contingent fee agreements, CLAF, SLAS, third party funding agreements etc) must exist in order to facilitate access to justice.” “The real issue … is how CFAs or alternative ‘no win – no fee’ arrangements should be structured, not whether they should exist,” he continues.
Welcoming the report, the Bar Chairman, Desmond Browne QC, said: “Public funding for civil cases is now unavailable in many areas. Very careful consideration therefore needs to be given to the means whereby meritorious litigants are assured of the access to justice which they deserve.”
Michael Todd QC, Chair of the Bar Council Jackson Working Group, said: “I note that Lord Justice Jackson has focused on questions relating to cost shifting, fixed costs, personal injury claims, controlling the costs of ‘heavy’ litigation, CFAs and ATE insurance, and alternative methods of funding access to civil justice. We are concerned that the ever-increasing costs burden of civil litigation results in a denial of access to justice for the many people who cannot afford those costs. That is clearly not in the public interest.”
In the report, published on 8 May, Jackson LJ states: “following the retraction of legal aid, either conditional fee agreements (CFAs) or some other system of payment by results (contingent fee agreements, CLAF, SLAS, third party funding agreements etc) must exist in order to facilitate access to justice.” “The real issue … is how CFAs or alternative ‘no win – no fee’ arrangements should be structured, not whether they should exist,” he continues.
Welcoming the report, the Bar Chairman, Desmond Browne QC, said: “Public funding for civil cases is now unavailable in many areas. Very careful consideration therefore needs to be given to the means whereby meritorious litigants are assured of the access to justice which they deserve.”
Michael Todd QC, Chair of the Bar Council Jackson Working Group, said: “I note that Lord Justice Jackson has focused on questions relating to cost shifting, fixed costs, personal injury claims, controlling the costs of ‘heavy’ litigation, CFAs and ATE insurance, and alternative methods of funding access to civil justice. We are concerned that the ever-increasing costs burden of civil litigation results in a denial of access to justice for the many people who cannot afford those costs. That is clearly not in the public interest.”
The Bar Council has reacted with interest to Lord Justice Jackson’s provisional view on “no win no fee” agreements contained in his preliminary report in his Review of Civil Litigation Costs.
The age of criminal responsibility, extreme weather and conflict resolution – plus, new protocol for reporting bullying at the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
Solicitor General Ellie Reeves KC MP discusses her decade as a trade union and employment law barrister, the demands of life as a Law Officer and the number one priority shaping her work. Interview by Anthony Inglese CB
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
At least not that way, says Richard Paige
