PI and clinical negligence developments

Conditional fee agreements

Although Conditional Fee Agreements (CFAs) are common in personal injury and clinical negligence cases it is worth noting that solicitors have a responsibility to discuss funding options with their clients. It is important to discuss with a client the different methods of funding available and to provide guidance as to which method would be the most appropriate given the client’s specific circumstances.

From 1 April 2013, the general rule is that the success fee and after the event (ATE) insurance premium are not recoverable from the losing party but they can be recoverable from the successful client.

From 1 April 2013, success fees for personal injury and clinical negligence cases are regulated by the CFA Order 2013, SI 2013/689 and cannot exceed 25% of general damages and past losses net of CRU. The only exception is for claims that go to appeal where the cap is increased to 100% of general damages and past losses net of CRU.

In diffuse mesothelioma cases, the CFA rules have not changed at all from 1 April 2013 and success fees and insurance premiums remain recoverable

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