RE: SOLICITOUS ⚖️12 Apr 2026 15:43
Surely we are here to elucidate facts rather than obfuscate (😅)
AI research below, my take away.
Looks like a fixed but contingent fee arrangement would be okay, or a percentage fee if it falls under international jurisdiction.
Contingency Fees Prohibited: Section 149 of the Legal Services Regulation Act 2015 forbids calculating legal fees as a percentage of damages recovered, except in limited cases.
"No Win, No Fee" Limitations: While conditional fee agreements are allowed, solicitors are restricted from actively advertising them.
Third-Party Funding Ban: Third-party funding for commercial litigation is largely prohibited under maintenance and champerty rules, as affirmed in the Persona Supreme Court case.
Ogier
Ogier
+3
Exceptions and Nuances:
Exceptions: Limited exceptions exist for funders with a legitimate interest in the outcome.
International Arbitration: Recent legislation now allows third-party funding for international commercial arbitration.
After-the-Event (ATE) Insurance: This is permissible for covering litigation risks.
Ogier
Ogier
+1
In practice, "no foal, no fee" arrangements are generally more common in personal injury and medical negligence cases, rather than complex commercial litigation