Where Did the Recoverability Policy Come From?

Abstract

It is clear from the analysis above of the consultation papers, including the Middleton Report (and reference back to the policy of Lord Mackay), that there was a seamless policy approach between one administration and the next that legal aid for money claims needed to be curtailed. Encouraging CFA funding would have a part in this, with, no doubt, exhortation to increase the take up of BTE insurance. While Lord Irvine as Shadow Lord Chancellor was less sanguine about the level of success fees and more concerned about clients’ interests than lawyers’ rewards,¹ the approach was essentially shared by both parties and the Civil Service.