by Paul Fenn, Alastair Gray, Neil Rickman and Yasmeen Mansur University of Nottingham, University of Oxford and University of Surrey
This study provides evidence on the operation of funding arrangements in several areas of personal injury litigation and examines, for the first time in detail, the funding of clinical negligence cases. It also provides some information on approaches to personal injury litigation in other European jurisdictions.
The authors report that conditional fee agreements (CFAs) are now the predominant means of financing personal injury claims. They find that the complexity and value of personal injury claims run under CFAs has not changed significantly since the introduction of rules allowing for recovery of success fees and after the event insurance premiums. The study also finds that CFAs have become a significant source of funding for new clinical negligence cases.
Some comparisons are made with findings from a previous study, published in 2002 as: The Impact of Conditional Fees on the Selection, Handling and Outcomes of Personal Injury Cases by Fenn, Gray, Rickman and Carrier (DCA Research Series 6/02).
This report is also available in two parts for easier download: