Personal Injury: A partial solution
Almost ten years since conditional fee agreements (CFAs) were introduced for personal injury work, Nigel Godsmark QC reviews their development and costs consequences
The Conditional Fee Agreements Order 1995, which came into force on 5 July, 1995, permitted personal injury lawyers to enter into a so-called ‘no win, no fee’ arrangement with their clients. Under the Order, the maximum success fee chargeable to the client was 100% of the basic fee. There was no provision to recover the success fee (or any insurance premium) from the other side, which meant that the client paid the success fee out of any damages awarded. In addition, the lawyers’ success fee was capped at 25% of the damages recovered.
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