Court of Appeal confirms recoverability of CFA success fees in Family provision claim awards (Hirachand v Hirachand)

Article summary

Private Client analysis: In this landmark decision for claims under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975), the Court of Appeal held that Conditional Fee Agreement (CFA) success fees are capable of being regarded as a debt for which the court may, in its discretion, make provision in an award under I(PFD)A 1975. The Court of Appeal provided welcome clarification on this issue in the context of prior conflicting authorities and set out crucial guidance for future cases. The court outlined relevant factors to which a judge is likely to have regard in exercising the discretion and the circumstances in which a contribution towards a success fee may be provided. The Court of Appeal also considered the obligation on the court to make adjustments for disabled parties, distinguishing between debarred parties only entitled to attend hearings and participating parties. Written by Sophia Rogers, barrister, at Radcliffe Chambers.