Michael Welsh evaluates the effect of Hirachand
The recent Court of Appeal judgement in Hirachand v Hirachand 2021] EWCA Civ 1498 provides authority for recovery of a CFA success fee in claims under the Inheritance (Provision for Family & Dependants) Act 1975.
The Deceased died in 2016 and left the entirety of his modest estate to his wife, Nalini Hirachand. The Judge held the net estate to be £554,000. Sheila Hirachand issued proceedings as a child of the Deceased under the 1975 Act for such provision as it would be reasonable for her to receive for her maintenance. Sheila funded the litigation via a solicitor through a Conditional Fee Agreement (‘CFA’). When a claim is successful under a CFA, lawyers usually ch...