This article was originally published in the Personal Injury Law Journal in February 2005.
“The complaint is one more often associated with defendants to defamation actions. Yet the problem presented by the claimant who funds a case by way of a conditional fee agreement (“CFA”) without the benefit of after the event insurance (“ATE”) is alive and well in the world of personal injury litigation. That a defendant might succeed at trial but fail to recover costs due to the losing claimant’s lack of funds is a deeply unattractive prospect. It is arguably more than that. Many would say that it fundamentally undermines the administration of justice…”