Press release

Civil Justice Council welcomes simplification of CFA Regulations

August 2005

The Civil Justice Council welcomes the news that there will be a new regulatory regime for Conditional Fee Agreements (CFAs) by 1st November 2005, following an announcement by the Department for Constitutional Affairs (DCA).

The Civil Justice Council has worked over the past five years with a number of key representatives to tackle the cost of funding litigation and the simplification will make it easier to ensure transparency and proportionality.

Robert Musgrove, Chief Executive of the Civil Justice Council, said: "We very much welcome the introduction of simplified arrangements for conditional fee agreements, and the removal of the regulatory aspects to the Law Society's Professional Rules of Conduct.

"This should make CFA's much easier to explain to the consumer, and should further remove the opportunity for satellite litigation exploiting technical weaknesses in the drafting of the agreements.

"The CFA as a funding mechanism has experienced a turbulent beginning, but with continued careful and sensible development it should provide a stable and sustainable means of funding cases where legal aid is not available.

"I particularly welcome the proposed development of a pro bono CFA, which should encourage further those who are prepared to offer their legal services for free, to advise or represent those who are disadvantaged and seeking access to justice".