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In brief: Court of Appeal and rectification of a CFA (Frade v Radford)

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Published on: 24 July 2017

Published by a LexisNexis Dispute Resolution expert

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Article summary

Dispute Resolution analysis: Permission to appeal was granted to determine whether a deed of rectification, in which a Conditional Fee Agreement (CFA) was rectified to add additional defendants, was effective inter partes. Higginbottom LJ considered it arguable that such a situation was distinguishable from that in Kellar v Williams in which the Privy Council held that a variation of a contract after the event was not binding inter partes. The appeal is currently due to be heard in early December 2017. In refusing permission to appeal on another point, Higginbottom LJ held that there was no authority to prevent a paying party from raising points as to the construction of a receiving party’s CFA when considering the paying party’s costs liability.

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