7th Oct 2022
CFA, Costs, CPR & Courts, CPR 44.9(2), Damages, Deduction, Legal principles, S70 Solicitors Act 1974, Solicitors' Fees, Trade bodies / regulators
Put simply, the issue here was whether a solicitor, seeking to rely on CPR 46.9(2), is required to show that the client, under a conditional fee agreement (CFA), gave informed consent to having deducted from their damages a sum in respect of their solicitor’s costs which was greater than that recoverable from the other party in the proceedings.