In Industry Insights, Industry Insights

“The Government is implementing the primary recommendations contained in Lord Justice Jackson’s Review of Civil Litigation Costs, including in particular a fundamental reform of ‘no win no fee’ conditional fee agreements and a ban on the payment and receipt of referral fees in personal injury cases….”

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For firms practising personal injury, the COLP and COFA will need to:

  • be conversant in the new rules and look out for SRA guidance
  • have a plan for maintaining the firm’s financial stability – if you are currently paying for PI cases, how will you replace that work and attract new clients lawfully?
  • be clear about what the firm can and cannot do post-April 2013 (e.g. contingency fees, recoverability of ATE premiums) and train staff
  • put in place a clear policy on referrals
  • be able to evidence where referrals are coming from, and the terms of any agreements
  • record and report any breaches of the rules
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