Improving Access to Justice

Contingency Fees - A Study of their operation in the United States of America

By Professor Richard Moorhead, Cardiff Law School, Cardiff University, and Senior Costs Judge Peter Hurst on behalf of the Civil Justice Council

Should conditional fee agreements (CFAs) fail, contingency fees, either with or without costs shifting could operate effectively in the England and Wales jurisdiction. Access to justice may narrow, particularly for lower value cases; conversely it may broaden for multi-party and higher value cases.