Backdating Conditional Fee Agreements (February 2005, Benjamin Williams)

Backdating Conditional Fee Agreements (February 2005, Benjamin Williams)


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“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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