Q&As

We have become aware of an earlier date of negligence since a post-2013 conditional fee agreement (CFA) was entered into. Can we amend the CFA by showing the revision and then signing with the client countersigning? Is it necessary to amend the scope of the CFA if the wording used was accurate at the point of the initial instruction or is this something that should be under review continually? Finally, under the case of Frade v Radford, a CFA can be amended up to the point a costs order is made. Is this an order at trial/detailed assessment and not consent?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 25/07/2019

The following Dispute Resolution Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • We have become aware of an earlier date of negligence since a post-2013 conditional fee agreement (CFA) was entered into. Can we amend the CFA by showing the revision and then signing with the client countersigning? Is it necessary to amend the scope of the CFA if the wording used was accurate at the point of the initial instruction or is this something that should be under review continually? Finally, under the case of Frade v Radford, a CFA can be amended up to the point a costs order is made. Is this an order at trial/detailed assessment and not consent?

We have become aware of an earlier date of negligence since a post-2013 conditional fee agreement (CFA) was entered into. Can we amend the CFA by showing the revision and then signing with the client countersigning? Is it necessary to amend the scope of the CFA if the wording used was accurate at the point of the initial instruction or is this something that should be under review continually? Finally, under the case of Frade v Radford, a CFA can be amended up to the point a costs order is made. Is this an order at trial/detailed assessment and not consent?

A conditional fee agreement (CFA) is an agreement with a person providing advocacy or litigation services which provides for their fees and expenses or any part of them to be payable only in specified circumstances (section 58(2) of the Courts and Legal Services Act 1990 (CLSA 1990)). CLSA 1990, s 58(3) provides that every CFA must be in writing, must not relate to proceedings which cannot be subject of an enforceable CFA and must comply with any prescribed requirements. Where a success fee is provided for other requirements, the relevant percentage must be stated. The Conditional Fee Agreements Order 2013, SI 2013/689 sets out the prescribed requirements referred to above for a CFA, but

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