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ARTICLE · 15 DECEMBER 2011

Access To Justice Going, Going….

Boyes Turner
Boyes Turner
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Boyes Turner

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Uncertainty over the future of Conditional Fee Agreements (CFAs) and After the Event (ATE) insurance to fund litigation continues with the present government’s consultation on the civil litigation costs review undertaken by Lord Justice Jackson.

United KingdomLitigation, Mediation & Arbitration
Stephen Baker
Stephen Baker

Uncertainty over the future of Conditional Fee Agreements (CFAs) and After the Event (ATE) insurance to fund litigation continues with the present government's consultation on the civil litigation costs review undertaken by Lord Justice Jackson. This has been brought into sharper focus by the Legal Aid Sentencing and Punishment of Offenders Bill, in which, hidden away between extensive provisions relating to the further withdrawal of civil Legal Aid and major changes to the criminal law enforcement regime is a proposal that successful parties in litigation should no longer be able to recover the CFA success fee and ATE premium from the unsuccessful party.

The Lord Chancellor, in his address to parliament during the second reading of the Bill said that "the way in which the no-win, no-fee system operates many people, and in particular many small businesses live in fear of legal action". Compare that quote with the view expressed by Lord Davidson of Glen Clover as the

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