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Rock and a hard place as far as I can see. It was always possible that the LA in place would not be sufficient and/ or not continue until the cases were resolved. If that were the case, then the client would have had to change to a CFA after the advent of LASPO. A CFA after LASPO is far less advantageous to a client than pre LASPO for obvious reasons. Client would say at that point, why didn't you tell me about this before LASPO came into effect??

The 10% uplift in damages is a nonsense. It never happens in practice unless you have an award at trial (v rare) . The non-existent 10% uplift in general damages (which was only ever a sop to claimants who were going to have to start contributing to costs post LASPO) is worth far less than the benefits of a pre-LASPO CFA when compared to a post LASPO one, particularly so in higher value, vigorously contested cases.