Article 38 of the Access to Justice (NI) Order 2003 allowed for the introduction of Conditional Fee Arrangements in Northern Ireland but, two years later, it has yet to be implemented.
Previously, local companies, such as Indemnis, had provided insurance policies to cover litigation costs, but none had prospered and the great swathe of putative litigants who were unable to invoke legal aid cover were stuck with either ‘before the event’ coverage attached to their mortgages (usually through DASS insurers) or else they hoped their solicitors would provide the funding.
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