*/
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.
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
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
Patrick Green KC talks about the landmark Post Office Group litigation and his driving principles for life and practice. Interview by Anthony Inglese CB
Desiree Artesi meets Malcolm Bishop KC, the Lord Chief Justice of Tonga, who talks about his new role in the South Pacific and reflects on his career
Sir Nicholas Mostyn, former High Court judge, on starting a hit podcast with fellow ‘Parkies’ after the shock of his diagnosis
Exclusive QA with Henry Dannell
