header-logo header-logo

15 January 2009
Issue: 7352 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Law reports: Solicitor—Costs—Conditional fee agreement

Court of Appeal, Civil Division, Arden, Thomas, Moore-Bick LJJ and
Master Hurst, 19 December 2008 ;

In July 2000, the claimant was a passenger in a car being driven by her brother, the defendant. He lost control of the vehicle, causing a crash. The claimant suffered serious injuries. She instructed solicitors and, in February 2001, the defendant’s insurers admitted liability on his behalf. Shortly afterwards the claimant instructed new solicitors, with whom she entered a CFA in May 2001. That agreement provided for a success fee of 98%, of which 15% represented the cost of funding. Clause 5 provided: “If we advise you to reject an offer of settlement or payment into court and the case goes ahead to trial where you are awarded damages which are equal to or less than the offer or payment in:- you do not have to pay any of our basic costs or percentage increase for the work done after we receive

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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
Ministers have launched a consultation on a potential 10% rise in Crown Court advocacy defence fees
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
back-to-top-scroll