Q&As

If the 'win' clause in a CFA names a specific defendant what happens if a different person pays the damages sought? Is this still regarded as a win?

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Published on LexisPSL on 06/06/2016

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

  • If the 'win' clause in a CFA names a specific defendant what happens if a different person pays the damages sought? Is this still regarded as a win?

If the 'win' clause in a CFA names a specific defendant what happens if a different person pays the damages sought? Is this still regarded as a win?

This issue was considered by the Court of Appeal in Engeham, a case in which the conditional fee arrangement (CFA) was based on the Law Society 1995 model wording. It was held that where the win clause requires, in its definition, that damages be paid by a specified defendant then whether there is a win will be determined not be

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