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: 25 July 2019
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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

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Negligence definition
What does Negligence mean?

Negligence is 'the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate human affairs, would do, or doing something which a prudent and reasonable man would not do' (Blythe v Birmingham Waterworks (1856) 11 Exch 781, at p 784). It is accepted that the test for breach of duty is objective, in the sense that the individual character and mental and physical features of the particular defendant are usually irrelevant.

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