header-logo header-logo

09 March 2012 / Julian Chamberlayne
Issue: 7504 / Categories: Features , Costs , Personal injury
printer mail-detail

Back in fashion?

Julian Chamberlayne describes how retrospective & discounted CFAs are treated by the court

Following Birmingham CC v Forde [2009] EWHC 12 (QB) and Gloucestershire County Council v Evans and another [2008] EWCA Civ 21, which respectively held that retrospective conditional fee agreements (CFAs) and discounted CFAs were not contrary to public policy, we have waited many years for decisions applying the principles. December 2011 saw an end to that wait, with two interesting decisions in the Senior Courts Cost Office (SCCO).

The cases & decisions

Starting with retrospective CFAs; in JM Dairies Limited v Johal Dairies Limited and another [2011] EWHC 90211 (Costs), Master Gordon-Saker followed the Forde decision, by accepting that retrospective CFAs were not contrary to public policy and hence were lawful, but held on the facts of the case it would be unreasonable to require the defendants to pay the large retrospective success fees claimed (including £60,000 for solicitor’s work done before the CFA had been entered into),

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll