ABSTRACT

In Britain, in July 1995, the Courts and Legal Services Act 1990 introduced a new method of dealing with legal costs – the conditional fee. This means that lawyers can take on a case on the basis that they will receive no fee if their client loses, but they will be paid more if they win. This may lead to an increase in the number of legal actions against the health authorities, because the potential plaintiffs who cannot afford to pay costs personally and who do not qualify for legal aid can now initiate litigation without paying for it. This is partly offset by the fact that, if they lose, they may have to pay the costs of the defendant.