Academics to examine “best interests” of CFAs

A group of senior academics are to examine whether no win no fee arrangements are still operating in the best interests of “giving people access to justice”.

Part of the research based review of no win no fee arrangements in England and Wales includes examining the use of conditional fee arranements in defamation and privacy cases – looking at samples of claim data and examining the nature of the arrangements.

Taking part are professors Richard Moorhead, deputy head of Cardiff School of Law, Paul Fenn, deputy head of Cardiff School of Law and Neil Rickman head of the economics department at the University of Surrey.

Moorhead, who has conducted a number of evaluations of legal aid programme,s said :”The controversies generated around no win, no fee agreements cry out for a balanced, evidence-based approach. We aim to provide that approach through generating evidence that respects and reflects all sides of the debate.”

Justice Minister Bridget Prentice added: “No win no fee arrangements are vital in helping to give the public a voice in courts. However, we are aware of growing concerns that they may not always be operating in the interests of access to justice.

“We feel that now is the appropriate time for a comprehensive, objective and evidence based examination of the operation of no win no fee arrangements in relation to personal injury, employment and defamation/cases.”

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