Moreover for the conditional fee arrangement to be enforced elements in the

Moreover for the conditional fee arrangement to be

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from the handling of a case in personal injury. Moreover, for the conditional fee arrangement to be enforced, elements in the 1995 Conditional Fee Agreements Regulations have to be included as a secondary statutory instrument. In England, individuals’ eligible for legal aid, which is an innovation that is State sponsored with the intention of assisting impecunious litigants, has decreased from eighty percent to less than 40 percent (Brickman, 2003 p.75). To some, conditional fees innovation is seen to be enfranchising towards litigation purposes, for those ineligible for legal aid or unsupported legal expenses insurance and trade unions. The ambit of conditional fee arrangements is however potentially circumscribed through terms and rules upon the insurance offer “after the event”. Prior to 2000, claims in personal injury have been made possible through legal aid, where clients sought competent solicitors who would apply on their behalf legal aid 3
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Conditional Fee Arrangements for Legal Aid services, and eventually cover their fees if a case was lost. Problems with legal aid arose even as a government funded scheme, in pursuit of personal injury cases, with highlighted problems consequently leading to its demise in the law. With this fall, conditional fee arrangement has significantly increased in personal injury claims. Problems with the legal aid scheme have been attributed to the limitations encompassed in the initiative, where lawyers tread only on familiar grounds, and under funded thus could not meet requirements for legal help towards the disadvantaged sections of the society or the working class (Hay, 1996 p 510). The major deterrence to potential clients was the cost linked, to making claims where they made contributions after statutory charges had been deducted, to cover fees for their solicitors. More so, legal aid did not resolve the diverse problem of extensive lack of knowledge concerning legal rights, and the avenue to enforce them. The scheme was also inflexible and bureaucratic, and consuming much of the public funds. Since legal aid was abolished in 2000, conditional fee agreements have come into force, which are also referred to as no win no fee policies. The benefit of this policy is that, claimants have a significant advantage in gaining compensation awards that could change their lives, and do not have to pay fees to the solicitor if claim is unsuccessful. A conditional fee arrangement or agreement describes the situation where, a solicitor and a client have drawn up an agreement in the event the client makes a claim. This agreement was allowed through the Courts and Legal Services Act of 1990 in section 58, in human rights and insolvency cases. With the extension of conditional fees in 1998 to civil cases, has led to increased popularity associated with the no win no fee case, where a claimant does not have to pay fees to the solicitor for the service rendered (Fenn, 2003).Mutual interest, therefore lies where the solicitor 4
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Conditional Fee Arrangements for Legal Aid
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  • Spring '16
  • Legal Aid, Contingent fee, conditional fee, Conditional fee arrangements

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