Guillotine for ATE/CFA recoverability?

25 June 2013

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.

Please click here to read the article.