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The negative comments illustrate an overall lack of understanding of the implications for clients pre/post LASPO. If it assists, please avoid being concerned with the 10% uplift on GD as;

- Legal aid funding pre LASPO was not guaranteed post LASPO (in fact it was almost completely scrapped);

- If LA funding was ceased on a matter post LASPO they would have been detrimentally impacted;

- CFAs post LASPO provided for success fees to be deducted from the Claimant's damages amongst part payment of ATE insurance;

- In the majority of cases, these deductions would eclipse the 10% uplift on GD had a Claimant subsequently needed to switch to a CFA post LASPO) e.g. the 10% uplift benefit of being on a post LASPO CFA is hugely outweighed by a Pre-LASPO CFA

- Clients signing up to a pre-LASPO CFA were liable to pay nothing win or lose in their claim as opposed to the costs associated with post-LASPO CFA

- Place yourself in the individual Claimant's position being advised on
a. A shaky future of LA funding and the potential risk of having to convert to a less advantageous CFA post LASPO

b. Switch pre LASPO pay nothing from your damages

c. Switch post LASPO and pay success fees and ATE premiums, plus the shortfall in legal costs recovery (it doesn't sit well with a Claimant lawyer having to advise your injured client that they need to pay sums from their damages and that the Defendant will not meet these)

As always there is a lot more to the issues these cases highlight and the comments clearly illustrate a baseless understanding of the implication of litigation funding and the impact of post LASPO CFAs on the individual Claimants concerned.

PS 'an0noymouse' you are missing something as a post LASPO CFA entered into after 1 April 2013 pre settlement would benefit from a 10% increase on GD as quoted in the JC guidelines, irrespective of the date of incident. The 10% uplift was factored in by the government to soften the blow of charging injured claimants success fees. Hope this helps clear any confusion.


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