1. A.W. Dines (2005), Economics of Law: Property, Contracts, and Obligations (Mason: Thomson/South-Western) p. 177.
2. This choice was available throughout the period under study in the employment tribunal, where contingency fees were lawful. See J. Peysner (2001), ‘What’s Wrong with Contingency Fees?’, Nottingham Law Journal, 10(1) pp. 22–46.
3. A. Higgins (2012), ‘Referral Fees — The Business of Access to Justice’, Legal Studies, 32(1) pp. 109–131 at p. 113. J. Peysner (2008), ‘Referring to Justice’, European Business Law Review, 19 pp. 1105–1127.
4. Lord Chancellor’s Department, Conditional Fees: Sharing the Risks of Litigation, CP7/99 (London, Lord Chancellor’s Department, September 1999).
5. See P. Fenn & N. Rickman (2011), ‘Fixing Lawyers’ Fees Ex Ante: A Case Study in Policy and Empirical Legal Studies’, Journal of Empirical Legal Studies, 8(3) pp. 533–555.