ATE/CFA


Solicitors fail to recover £1.1m after losing CFA switching case

Claimant solicitors acted unreasonably in switching a client from legal aid to a pre-LASPO CFA-lite, the Court of Appeal has ruled, meaning they cannot recover £1.1m in additional liabilities.

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Insolvency claims on the rise but costs remain high

The impact of the Jackson reforms on the funding of insolvency litigation – though significant – has not been as serious as some had predicted but costs remain high, new research has found.

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CA upholds firm’s costs entitlement after terminating CFA

A law firm which stopped acting for a client after she refused to heed its advice to accept an offer to settle her case is entitled to recover the costs due from her under a CFA, the Court of Appeal has ruled.

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ALF membership “not enough” to guarantee funder will pay

Membership of the Association of Litigation Funders is not enough reassurance that a funder will pay up in the face of a large liability for costs, the High Court has ruled.

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High Court: CFA was a contentious business agreement

A conditional fee agreement (CFA) can be a contentious business agreement under the Solicitors Act 1974, the High Court has ruled – but that did not mean every CFA was one.

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Partners made “secret profit” from flight delay ATE insurance

Two law firm partners who made a “secret profit” by opting thousands of flight delay clients into an after-the-event insurance policy have been fined a total of £55,000 by the Solicitors Disciplinary Tribunal.

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Law firm entitled to fees from CFA after claimant’s death

A law firm which guaranteed clients there would be “no hidden, nasty surprises” could claim over £30,000 in fees from the estate of a deceased asbestosis claimant, the High Court has ruled

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Commercial ATE insurers “should rethink merits test”

After-the-event insurers should consider lowering the merits test if they want to attract more commercial work, senior litigators have suggested.

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