Mr. Tom Flynn:

The no-foal-no-fee approach is known as a contingency-fee basis. It is a long-established tradition, certainly at the Bar, that if a lawyer believes it is a good case and is in a position to deal with it, he or she will instigate proceedings. It may be that no payment is received until the case is ultimately successful. One does not instigate a case unless one considers it a statable case. As we stated, these are all cases where leave of the court is required. One must meet the leave threshold. It is not simply chalking out a writ. That requirement is there. To a certain degree, the no-foal-no-fee basis addresses a gap in the absence of a proper legal aid system in this regard.