Legal Cost Specialists

CFAs

Severance and unenforceable Conditional Fee Agreements

If a conditional fee agreement (CFA) is found to be unenforceable, can the solicitors: Sever the offending provisions from the CFA such as to leave the balance of the agreement enforceable? Can the solicitors nevertheless recover costs on a quantum meruit basis? If the solicitors have received payments on account, can they retain those payments

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Conditional fee agreements – cap on success fee where terminated early

Recent posts have looked at the problems that arise when a Law Society model CFA is terminated early. A linked problem (though not specific to the Law Society agreement) is where the client moves to new solicitors part way through the claim. A combination of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

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