Q&As

If a client loses their mental capacity does this invalidate an existing CFA?

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Published on LexisPSL on 15/06/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • If a client loses their mental capacity does this invalidate an existing CFA?

If a client loses their mental capacity does this invalidate an existing CFA?

Where a client has entered into a conditional fee agreement (CFA) and later loses their mental capacity, that incapacity does not, of itself, frustrate the CFA; rather than rendering the CFA void, the client’s incapacity renders it voidable. Instructions can be provided by persons other than the client in relation to the

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