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

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