Andrew Hogan examines the complex issues that occur with solicitor/client success fees ‘Given the way that a success fee is traditionally calculated by reference to a percentage uplift derived from the risks of the individual case, if a solicitor proposes to charge a success fee on a different basis it is incumbent upon the solicitor …
Continue reading "Conditional fee agreements: Solicitor-own client costs disputes"
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Dan Stacey and Theo Barclay highlight how the Court of Appeal permits recovery of success fees even if pre-LASPO CFAs have been subsequently transferred ‘The court was not prepared to prevent the claimant recovering a success fee simply because her claim had been transferred to a new firm of solicitors with her consent. That would …
Continue reading "Conditional fee agreements: The price of success"
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Wills & Trusts Law Reports | November 2014 #144Mr Rawlings (the deceased) and his wife Mrs Rawlings made mirror wills in 1999. Mrs Rawlings died in 2003 and her estate passed to her husband. However, upon the death of Mr Rawlings in 2006, it became apparent that the solicitor involved in the preparation of the wills had accidentally presented Mr and Mrs Rawlings with, and each had signed, the will intended for the other. The validity of the will was subsequently challenged by the deceased’s two sons, who were not entitled under the will but stood to inherit his £70,000 estate under the rules of intestacy. The Supreme Court held that ...
Paul Jones investigates a new battle ground – breach of contract ‘In summary, all three of the grounds for the appeal were rejected by the judge and he concluded that the original decision must stand and the claimant was not entitled to any costs from the defendant.’ The law surrounding conditional fee agreements (CFAs) has …
Continue reading "Conditional Fee Agreements: The gift that keeps on giving"
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