No, I'm not...
> The success fee is not a bonus designed to give him a freebie - it is the
> compensatory element on successful cases to balance the cases where nothing is paid.
That's a very positive spin you're putting on it...
An alternative view would be that the hourly charges quoted by the solicitor are insufficient to make this business model pay - so he adds extra charges where he can. IOW, he disguises the true cost of litigation by quoting an unsustainable headline rate which is then bumped up on success.
That's not a good basis for a free market.
And the MoJ agrees that these charges are not part of the cost. For once, government seems to have got something right.
> The worry with these proposals is that solicitors will not be able to deal with CFAs
> without making a loss so they simply won't deal with them.
There will always be a goodly number of cases which are readily won. CFAs will always be with us. But the market will shrink - the chancers will no longer have such a good probability of payout with such minimal risks. So there will be a tendency for the less well-founded cases to fall by the wayside, whilst simple cases with clear liability will still be dealt with as CFAs. This is a Good Thing (tm) all round - unless you are a dodgy CFA solicitor.
> That means that most people will not be able to get legal representation.
Nonsense. Most people will be able to get legal representation - but with shaky cases, they will undoubtedly have to do some of the funding themselves. Again, a Good Thing.
> The ATE insurance is designed to cover the costs of the other side if the case is lost
From http://www.thejudge.co.uk/after-the-event-insurance :-
"After the Event Insurance is a type of legal expenses insurance policy that provides cover for the costs incurred in the pursuit or defence of litigation."
Reading further, at http://www.thejudge.co.uk/features-of-after-the-event-insurance :-
"In addition, most clients also opt to insure their own disbursements, including Counsel’s fees."
I'm deliberately quoting from an insurance broker, because they are selling the product that you claim does not exist.
> It does not benefit the solicitor dealing with the case in any way.
The above reference refutes your point.