Q&As

If a conditional fee agreement was initially entered into with the claimant's litigation friend (post April 2013) for a clinical negligence claim and the claimant has now reached the age of majority, does a new retainer need to be entered into with the claimant?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 12 October 2018
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The Law Society’s guidance on conditional fee agreements (CFAs) states that a contract entered into with a minor is not binding unless it is for ‘necessaries’. Arguably, legal services could fall into that bracket. Beneficial contracts of service can be deemed to fall within the category of ‘necessaries’, enabling minors to pursue employment, for example. If it is correct that legal services can fall into the category of ‘necessaries’, then a CFA entered into with a minor in their name through their litigation friend (signing on behalf of the minor) would bind the minor once

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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