“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
