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High Court upholds CFA despite legal aid certificate remaining in place
The High Court has ruled that a conditional fee agreement was valid even though the claimant’s legal aid certificate remained in place. Mr Justice Soole ruled that the certificate had been discharged by conduct.
Retrospective success fee was justified, High Court rules
A law firm was justified in charging a retrospective success fee as the claimant did not face different risks when he signed a conditional fee agreement as when he had applied for legal aid five months earlier, the High Court has ruled.
Indemnity principle argument fails to stop payment on account of costs in CFA case
The High Court has rejected an argument that it would be a breach of the indemnity principle to make a payment on account of costs to claimants funded by a conditional fee agreement.
Solicitor’s retainer not frustrated because client loses capacity, appeal judges rule
A solicitor’s retainer is not rendered “impossible of performance” simply because a claimant loses mental capacity and cannot give instructions personally, the Court of Appeal ruled today.
