'Controversial' judgment has far reaching implications for claimants and practitioners

The Court of Appeal has ruled claimants can seek to recover all or part of any success fee due under a conditional fee agreement (CFA) as part of an award for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (Inheritance Act).

The landmark judgment of Hirachand v Hirachand [2021] EWCA Civ 1498, handed down on 15 October, means claimants in financial difficulty will be able to pursue Inheritance Act claims through a CFA on the basis the success fee may be included in any amount awarded by the court.

Previously, success fees were typically owed separately...

Suzanne Townley
News Editor
Solicitors Journal

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