Supervening mental incapacity does not frustrate a conditional fee agreement

Supervening mental incapacity does not frustrate a conditional fee agreement


CategoryNews Author Vikram Sachdeva QC Date

In an important appeal handed down by Phillips J on 5 February 2014 it was held that the doctrine of frustration is not engaged when a client loses mental capacity. This case will be of significance to Claimants who have suffered catastrophic head injury who have entered into CFAs; it means that no new CFA must be entered into by a deputy.

Vikram Sachdev acted for the Applicant in this matter.

For the full judgment please follow this link.

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