Backdating Conditional Fee Agreements (February 2005, Benjamin Williams)

Backdating Conditional Fee Agreements (February 2005, Benjamin Williams)


“It is commonplace for solicitors to enter CFAs and CCFAs which are stated to cover work carried out before the agreements were made.  Under the terms of the CFA, a success fee will usually be payable on all profit costs, when ever incurred.  So, the solicitors could apparently charge an uplift on the pre-CFA work (even though, anecdotally, it would appear that this is not commonly attempted – see the conservatism of Thompsons on this point in Duffy v Port Ramsgate Ltd,  para 27).  Other solicitors have a different practice, and do not purport to apply a CFA to work performed pre-execution.  In consequence, one commonly sees a small ‘Part I’ in many solicitors’ bills, which deals with a few days or weeks of pre-CFA costs…”      

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