header-logo header-logo

Law reports: Solicitor—Costs—Conditional fee agreement

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

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
back-to-top-scroll