Description
Retrospective CFA Held to Not Be Contrary to Public Policy:
Christopher Clarke J. held that there was no prohibition on CFAs being retrospective and no reason per se why a retrospective success fee was contrary to public policy. The Court had the ability to disallow or reduce retrospective fees that were unreasonable. If that were wrong then there was no reason why the Court could not delete the success fee leaving the obligation to pay unaffected. There was nothing in the statutory provisions requiring a retrospective CFA to comply with the notice requirements in Regulation 4 of the Conditional Fee Arrangements Regulations 2000.
