Case Report: Ghising v Secretary of State for the Home Department [2015] EWHC 3706 (QB)

CFAs; retrospective recoverability of success fees; back-dating ‘Notwithstanding that inter partes uplift is irrecoverable under the large majority of retainers entered after March 2013 (ie ‘pre-Jackson’), there are potential wider implications in this decision.’This costs appeal is notable for the relatively benign approach taken to a retrospective CFA. Facts The claimant took part in group …
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Fee Agreements: Cheap at half the price

Julian Chamberlayne and Kerie Receveur review recent case law on retrospective and discounted conditional fee agreements In Designers Guild, counsel were not prepared to match their instructing solicitors and enter into a full no win, no fee CFA, but instead agreed to act only on the basis that leading and junior counsel would be paid …
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Fee Agreements: Cheap at half the price

Julian Chamberlayne and Kerie Receveur review recent case law on retrospective and discounted conditional fee agreements Following Birmingham City Council v Forde [2009] and Gloucestershire County Council v Evans [2008], which respectively held that retrospective CFAs and discounted CFAs were not contrary to public policy, we have waited many years for decisions applying the principles. …
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