Mike Williams proposes a contingency legal aid scheme as an alternative to the conditional fee agreement (CFA) scheme (see [2004] Gazette, 10 June, 14). It may be helpful to mention some of the background.


The idea of a contingency legal aid fund (CLAF) was first suggested by Justice as long ago as 1966. Subsequently, in 1978 Justice published a report entitled 'CLAF' by a working party (of which I was vice-chairman) with detailed proposals for a self-funding contingency legal aid fund, based on evidence presented in 1977 to the Royal Commission on Legal Services.


In 1992, because no action had been taken despite considerable support, Justice revived the idea in 'Justice and the Individual' and advocated a pilot scheme with a small amount of initial funding from the Treasury. Once more there was considerable support and much further discussion, especially in 1998 when it was proposed that CFAs be extended.


If, as Mr Williams claims, the limitations of CFAs have now been exposed, has not the time come to revisit 'CLAF' and put the idea to the test with a pilot scheme, as proposed in 1992?



Laurence Shuman, retired solicitor, London