How to fund commercial litigation in 2013

Author: Gemma Varriale | Published: 28 Jan 2013

One of the most striking trends in the UK system is exploring different ways to fund litigation, according to Jonathan Nash QC, a barrister with 3VB Gray’s Inn.

The latest developments around conditional fee arrangements (CFAs) are a key aspect of this.

CFAs are the form of contingent fee agreements (so-called no win, no fee) used in England and Wales. CFAs have been in place for almost seven years and were brought in as a way to remove the often hefty state support being paid out to litigants with small civil claims.

The government introduced a system that allowed lawyers to enter into an arrangement whereby they would not get paid if the case was lost....