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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.

February 16th, 2016 | No Comments »

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.

January 7th, 2016 | No Comments »

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.

April 27th, 2015 | No Comments »

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.

January 27th, 2015 | 1 Comment »