*/
Work is continuing on the Bar’s proposed self-funding civil justice scheme to “deal with nuts and bolts” ahead of Lord Justice Jackson’s final recommendations on litigation costs.
The Contingent Legal Aid Fund (“CLAF”) would be a self-financing pool of money used for civil claims where legal aid money was not available. Investors in the pool could see a return on their money.
Guy Mansfield QC, who is leading the group developing the CLAF, said they were looking at how it would be constructed in terms of legislation, how they would fund someone to run it, how they would manage costs, case selection criteria, and how much money would be needed up front. Mansfield emphasised the fund “should not be seen as a Trojan horse to take legal aid away from other cases” and would be an addition to, not a substitute for, legal aid funding.
However, the fund will not work if conditional fee arrangements (“CFAs”) continue in their present form. Lord Justice Jackson has hinted he may propose changes to the CFA regime when he delivers his recommendations, expected in December. In May 2009 Lord Justice Jackson published his preliminary report in his Review of Civil Litigation Costs. The report stated: “Following the retraction of legal aid, either 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 Contingent Legal Aid Fund (“CLAF”) would be a self-financing pool of money used for civil claims where legal aid money was not available. Investors in the pool could see a return on their money.
Guy Mansfield QC, who is leading the group developing the CLAF, said they were looking at how it would be constructed in terms of legislation, how they would fund someone to run it, how they would manage costs, case selection criteria, and how much money would be needed up front. Mansfield emphasised the fund “should not be seen as a Trojan horse to take legal aid away from other cases” and would be an addition to, not a substitute for, legal aid funding.
However, the fund will not work if conditional fee arrangements (“CFAs”) continue in their present form. Lord Justice Jackson has hinted he may propose changes to the CFA regime when he delivers his recommendations, expected in December. In May 2009 Lord Justice Jackson published his preliminary report in his Review of Civil Litigation Costs. The report stated: “Following the retraction of legal aid, either 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.”
Work is continuing on the Bar’s proposed self-funding civil justice scheme to “deal with nuts and bolts” ahead of Lord Justice Jackson’s final recommendations on litigation costs.
Now is the time to tackle inappropriate behaviour at the Bar as well as extend our reach and collaboration with organisations and individuals at home and abroad
A comparison – Dan Monaghan, Head of DWF Chambers, invites two viewpoints
And if not, why not? asks Louise Crush of Westgate Wealth Management
Marie Law, Head of Toxicology at AlphaBiolabs, discusses the many benefits of oral fluid drug testing for child welfare and protection matters
To mark International Women’s Day, Louise Crush of Westgate Wealth Management looks at how financial planning can help bridge the gap
Casey Randall of AlphaBiolabs answers some of the most common questions regarding relationship DNA testing for court
Maria Scotland and Niamh Wilkie report from the Bar Council’s 2024 visit to the United Arab Emirates exploring practice development opportunities for the England and Wales family Bar
Marking Neurodiversity Week 2025, an anonymous barrister shares the revelations and emotions from a mid-career diagnosis with a view to encouraging others to find out more
David Wurtzel analyses the outcome of the 2024 silk competition and how it compares with previous years, revealing some striking trends and home truths for the profession
Save for some high-flyers and those who can become commercial arbitrators, it is generally a question of all or nothing but that does not mean moving from hero to zero, says Andrew Hillier
