This consultation closed on 21 September 2004.
Consultation Paper
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Introduction
1. This paper provides a summary of responses to the consultation paper Simplifying CFAs published in June 2003, sets out the Department for Constitutional Affairs' (DCA) proposals to reform the secondary legislation governing the operation of Conditional Fee Agreements (CFAs) and publishes a set of new draft regulations for consultation. A partial regulatory impact in relation to these proposed changes is at annex D.
2. The paper also states DCA's response and, where appropriate, proposed action on a number of other issues raised during the consultation period including the regulation of claims intermediaries; the indemnity principle; the impact of recoverability; and the potential for the use of CFAs in cases run on pro bono basis. The paper also discusses the impact of CFAs and costs more generally in defamation cases and invites respondents to comment on the problems identified and potential solutions.
3. To aid the process of responding to the consultation aspects of this paper we have included some specific questions that respondents may wish to refer to. The questions concern the draft CFA regulations and the impact of costs and CFAs in defamation cases. Some are very specific, others are more open-ended and provide the opportunity to comment more widely. The questions are not compulsory and respondents are free to provide general responses. We are also seeking comments on the partial regulatory impact assessment (annex D). The questions are incorporated into the relevant part of the consultation paper and listed at the end of the paper.
4. Copies of any response to the previous consultation will be made available on request unless the response in question was submitted on a confidential basis.
5. This paper is of relevance to those who use these methods of funding to initiate or defend litigation in the civil courts in England and Wales. This consultation is being conducted in line with the Code of Practice on Written Consultation issued by the Cabinet Office and the consultation will run for a period of 12 weeks from the date of this paper.
6. Copies of the consultation paper are being sent to a wide range of organisations, representative bodies and individuals in the legal, insurance, financial and consumer sectors including:
How to respond
Please send your response by 21 September 2004 to:
Kevin Rousell
Department for Constitutional Affairs
Costs and Litigation Funding Branch
3rd Floor
Selborne House
54 Victoria Street
London SW1E 6QW
Tel: 020 7210 8712
Fax: 020 7210 0613
Email:
Responses in Word or e-mail format and submitted by e-mail would be appreciated.
Further paper copies of this consultation paper can be obtained from the above address.
A paper summarising the responses to this consultation will be published within three months of the closing date of the consultation. The response paper will also be available on-line.
Representative groups are asked to give a summary of the people and organisations they represent when they respond.
A further consultation paper will be published by the Legal Services Commission on the detail of the regulations that will support the Criminal Defence Service Bill.
The Department may wish to publish responses to this consultation document in due course. Please ensure your response is marked clearly if you wish your response or name to be kept confidential.
If you are replying by e-mail, your consent overrides any confidentiality disclaimer that is generated by your organisation's IT system, unless you specifically include a request to the contrary in the main text of your submission to us.
Confidential responses will be included in any statistical summary of numbers of comments received and view expressed.
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