The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:
A conditional fee arrangement (CFA) is:
an agreement with a person providing advocacy or litigation services (ie your firm)
that provides for your fees and expenses (ie your base costs and disbursements), or any part of them to be payable only in specified circumstances—usually in the event that your client succeeds in their matter
For further guidance on CFAs generally, see: CFA—overview.
A litigation friend is required where any of the following persons is party to proceedings:
a person who lacks capacity (P), defined by Court of Protection Rules 2017, SI 2017/1035, r 2.1 and paragraph 2 of Schedule A1 to the Mental Capacity Act 2005 (MCA 2005) as:
any person (other than a protected party) who lacks or, so far as consistent with the context, is alleged to lack capacity to make a decision or decisions in relation to any matter that is the subject of an application to the court, and
a person who is detained in a hospital or care home, for the purpose of being given care or treatment, in circumstances which amount to deprivation of the person's liberty (MCA 2005, Sch A1 Pt 2, para 7)
a protected party
a child, unless the court has made an order permitting the child to conduct proceedings
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