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 LexisPSL on 12/10/2018

The following PI & Clinical Negligence Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • 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?

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?

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’,

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