15%

100% success fee model in low value personal injury claims shut down by Court of Appeal

The Court of Appeal has upheld the decisions of District Judge Bellamy (first instance) and Soole J (on appeal) that a 100% success fee in a low value personal injury claim which was fixed without any reference to the actual risk involved amounted to a cost of “an unusual nature or amount” under CPR 46.9(3)(c).

the end

Solicitors entitled to enforce costs incurred under a CFA against client who rejected their advice

Managing a client’s expectations in litigation can be difficult. Where there is no CFA, the client has the privilege of being able to ignore his/her solicitors’ advice, holding out for whatever result they desire, however unrealistic, or simply having their day in court. However, what can you do about a client who refuses to accept your advice about making a settlement offer when acting under a CFA?

Knockout

High Court deals knock out blow to appeal brought on grounds of an alleged invalid assignment of two CFAs

defective cfa

The curse of the defective retainer

Court of Appeal addresses arguments relating to defective, co-existing and implied retainers, as well as deed of rectifications relating to conditional fee agreements.

Assignment of CFA

Post-LASPO assignment of CFA does not extinguish a claimant’s right to recover success fee

Court of Appeal decides that a pre-April 1 2013 CFA was novated when a claimant agreed to instruct a replacement firm – but that LASPO transitional rules allow their success fee to be recovered regardless.

cfa assignment

SCCO approves another CFA assignment

Pre-LASPO 2012 CFA can be transferred between firms, Master Leonard decides