Private Client analysis: This appeal concerned the narrow question of whether the ‘success fee’ part of a conditional fee agreement (CFA) can be recovered as part of the lump sum awarded in claims under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). The Supreme Court held that success fees could not form part of the substantive relief, therefore rendering that portion of a successful claimant’s legal fees irrecoverable from the estate. This will limit claims under the I(PFD)A 1975 by impecunious claimants, and will impact settlement strategies and advice given by practitioners. The judgment considered the question from a number of angles, but the principal issue was public policy; not undermining the CPR costs regime or Parliament’s intention. Written by Elizabeth Atkinson, barrister at Ten Old Square.
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