Q&As

How can a conditional fee arrangement be adopted from a litigation friend to a personal representative?

read titleRead full title
Published on LexisPSL on 11/04/2019

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • How can a conditional fee arrangement be adopted from a litigation friend to a personal representative?
  • Conditional fee arrangements
  • Litigation friends

Conditional fee arrangements

A conditional fee arrangement (CFA) is:

  1. an agreement with a person providing advocacy or litigation services (ie your firm)

  2. 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.

Litigation friends

A litigation friend is required where any of the following persons is party to proceedings:

  1. 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:

    1. 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

    2. a person who is detained in a hospital or care home, for the p

Related documents:

Popular documents