Civil news: evidence change in modern slavery compensation cases

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News story

Amendment to Lord Chancellor’s guidance takes away ‘conditional fee arrangement’ evidence requirement in some cases.

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Providers are no longer required to provide evidence of attempts to secure a conditional fee arrangement (CFA) in modern slavery compensation cases.

Modern slavery compensation cases include both claims for damages and under employment law.

Lord Chancellor’s guidance

Changes have been made, under the Lord Chancellor’s guidance, which take away the requirement to provide evidence of attempts to secure a CFA in these cases.

Legal aid providers will also not be required to provide other evidence that they otherwise would have to do if a CFA was available. For example, attempts to get ‘after the event’ insurance to cover legal costs.

Details of the amendment introducing this change can be found in an updated version of the Lord Chancellor’s guidance available on GOV.UK.

The amendment can be found by reading a new paragraph, 7.19, in the guidance.

Further information

Legal Aid guidance – for updated Lord Chancellor’s guidance under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, paragraph 7.19

Published 9 August 2021

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