Guillotine for ATE/CFA recoverability?
A Law Society Gazette report emanating from a recent conference suggested that introduction of a six month time limit is under consideration by MOJ for recoverability of CFA/ATE premiums entered into prior to the 1 April cost reforms.
The radical nature of the reforms, coupled with last-minute rule changes, meant that a surge in such agreements/policies was inevitable and a rational response by Claimant solicitors to the new regime. Moving the goalposts now would be a high risk strategy and probably end up being challenged by way of judicial review. Instead we anticipate a steady flow of these claims, forced into proceedings only where limitation defences dictate.
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