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C v M

14 March 2003
The issues

Costs – CFA – Conditional Fee Agreement

The facts

The Claimant had a personal injury claim relating to depression and bullying at work. He obtained an Order for costs and sought a success fee. In 1995, he had entered into a CFA. In 1999 he instructed new Solicitors bringing an end to the previous CFA. In October 2000, he instructed a third firm and entered into two CFA’s, the first in October 2000 and the second in January 2001. The Defendant argued that no success fee could be claimed on the basis of the Access to Justice Act 1999 (Transitional Provisions) Order 1999.

The decision

1. The 1999 Order stated clearly that a successful Claimant could not recover a success fee after the 1st April 2000 if in those proceedings the Claimant had entered into a prior CFA before that date.

2. This was the case here. It did not matter whether or not that earlier CFA was still in force.

Claimant’s Appeal dismissed

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