The UK's Legal Services Commission (LSC) is reported to be considering introducing a funding scheme for class action cases whereby lawyers will not be paid fees by the body (beyond basic disbursements) unless they win the case.
Two unnamed sources revealed to The Lawyer news service this week that head of funding policy at the LSC, Colin Stutt is examining the introduction of conditional fee agreements (CFAs) in certain types of class actions. Mr Stutt, however, refused to comment.
In a statement issued to The Lawyer in the wake of the revelations, the LSC explained that it has "no plans for a general replacement of legal aid with Conditional Fee Agreements (CFAs)".
However, the Commission went on to add that:
"We do want to consult on whether there are specific categories or situations, currently within the scope to legal aid, where CFAs could be encouraged. For example, for clinical negligence cases, we're interested in exploring a combined approach where public funding would remain for the investigative stage, but CFAs are introduced thereafter."
A consultation paper on the issue is set to be published next month.
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