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What is backdating?
Relief was granted. The true party has been the same throughout and the solicitors have been the same throughout and it is clearly a pre-April Conditional Fee Agreement. In any event a contract between a patient lacking capacity and a solicitor is not void but is voidable and so even if the contract was between the claimant and the patient that would not be fatal to the agreement. The Judge may also have cared to look at why Barnetts went bust — they were the paradigm of a pile it high sell it cheap firm who did indeed do work at a distance. This required a letter of 13th October and occupied part of a further meeting at the home of the litigation friend on 21st October Effectively they would have funded that part of the preparation of the Untraced Drivers application which occurred during the currency of the CFA. Forde -v- Birmingham City Council EWHC Costs is a recent case on this point that highlights the circumstances in which one can use a retrospective agreement to replace an earlier defective retainer and also shows the legitimacy of entering into a CFA after being instructed but relating back to the date of first instruction. For this reason, anything less than strict compliance with the Practice Direction should be regarded as significant. If it could not do so then the agreement would be a novation, that is a new agreement, and the costs of the insolvent firm would be unrecoverable. This has perhaps been a grey area. In my judgment, the rules as to disclosure of funding arrangements were of particular importance in promoting the efficient conduct of litigation at proportionate cost. In his Skeleton Argument which was before the Judge, Mr. The best means would be disclosure of the facts in the Notice of Funding, but the very least the Rules require is accurate disclosure of the date of the agreement and a bill of costs which makes it clear that a success fee is being claimed on costs incurred before that date. The fee issue: I have considerable doubts about the enforceability of that paragraph. Accordingly where the agreement between the solicitor and the client is that the client will only pay, for example, where they have been successful, then the agreement must be in writing. Two potential consequences flow from this:
Video about backdating conditional fee agreements:
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